Right to be forgotten and delisting: Advocate General Szpunar proposes that the Court should hold that the operator of a search engine must, as a matter of course, accede to a request for the de-referencing of sensitive data. The operator of a search engine must, however, ensure protection of the right of access to information and of the right of freedom of expression (Advocate General’s Opinion in Case C-136/17)

Advocate General Szpunar proposes that the Court should hold that the operator of a search engine must, as a matter of course, accede to a request for the de-referencing of sensitive data The operator of a search engine must, however, ensure protection of the right of access to information and of the right of freedom … Continue reading Right to be forgotten and delisting: Advocate General Szpunar proposes that the Court should hold that the operator of a search engine must, as a matter of course, accede to a request for the de-referencing of sensitive data. The operator of a search engine must, however, ensure protection of the right of access to information and of the right of freedom of expression (Advocate General’s Opinion in Case C-136/17)

Advocate General Szpunar proposes that the Court should limit the scope of the de- referencing that search engine operators are required to carry out to the EU – L’avvocato generale Szpunar propone alla Corte di limitare all’ambito dell’Unione europea la deindicizzazione alla quale devono procedere i gestori di motori di ricerca (Conclusioni dell’avvocato generale nella causa C-507/17 Google / CNIL)

Con decisione del 21 maggio 2015, la presidente della Commission nationale de l’informatique et des libertés (Francia) (Commissione nazionale per l’informatica e le libertà, in prosieguo: la «CNIL») ha diffidato Google ad applicare, allorché accoglie una richiesta di una persona fisica diretta a far eliminare i link verso pagine Internet dall’elenco dei risultati visualizzato in … Continue reading Advocate General Szpunar proposes that the Court should limit the scope of the de- referencing that search engine operators are required to carry out to the EU – L’avvocato generale Szpunar propone alla Corte di limitare all’ambito dell’Unione europea la deindicizzazione alla quale devono procedere i gestori di motori di ricerca (Conclusioni dell’avvocato generale nella causa C-507/17 Google / CNIL)

#ECJ: a seller, on an internet website, with a certain amount of offers is not automatically considered as a professional “trader”

A person who publishes a number of sales advertisements on a website is not automatically a ‘trader’ That activity may be regarded as a ‘commercial practice’ if that person is acting for purposes relating to his or her trade, business, craft or profession A consumer bought a second-hand watch on an online sales platform. After … Continue reading #ECJ: a seller, on an internet website, with a certain amount of offers is not automatically considered as a professional “trader”

Court of Justice: a religious community, such as the Jehovah’s Witnesses, is a controller (Judgment in Case C-25/17)

Judgment in Case C-25/17 Tietosuojavaltuutettu v Jehovan todistajat — uskonnollinen yhdyskunta A religious community, such as the Jehovah’s Witnesses, is a controller, jointly with its members who engage in preaching, for the processing of personal data carried out by the latter in the context of door-to-door preaching The processing of personal data carried out in … Continue reading Court of Justice: a religious community, such as the Jehovah’s Witnesses, is a controller (Judgment in Case C-25/17)

Court of Justice: The administrator of a fan page on Facebook is jointly responsible with Facebook for the processing of data of visitors to the page

Luxembourg, 5 June 2018 Judgment in Case C-210/16 Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v Wirtschaftsakademie Schleswig-Holstein GmbH   The administrator of a fan page on Facebook is jointly responsible with Facebook for the processing of data of visitors to the page The data protection authority of the Member State in which the administrator has its … Continue reading Court of Justice: The administrator of a fan page on Facebook is jointly responsible with Facebook for the processing of data of visitors to the page

Right to be delisted – The Conseil d’Etat has requested the European Court of Justice for a preliminary ruling on a series of questions concerning the implementation of the right to be delisted.

Facts and legal procedure In its Google Spain judgment of May 13th, 2014, the European Court of Justice has decided that the EU Directive 95/46/EC of October 24th, 1995 on the protection of individuals with regard to the processing of personal data and on the free circulation of such data, implied that any person has … Continue reading Right to be delisted – The Conseil d’Etat has requested the European Court of Justice for a preliminary ruling on a series of questions concerning the implementation of the right to be delisted.

Court of Justice: EU law precludes national legislation that prescribes general and indiscriminate retention of data.

In the Digital Rights Ireland judgment of 2014,1 the Court of Justice declared invalid the directive on the retention of data on the ground that the interference, by the general obligation to retain traffic data and location data imposed by that directive, in the fundamental rights to respect for privacy and the protection of personal … Continue reading Court of Justice: EU law precludes national legislation that prescribes general and indiscriminate retention of data.