NIPC Law

Jane Lambert The phrase, "the right to be forgotten", was coined by the Audiencia Nacional  (the Spanish high court) in its questions to the Court of Justice of the European Union ("CJEU") pursuant to art 267 of the Treaty on the Functioning of the European Union in Case C‑131/12 Mario Costeja Gonzalez v Google Spain SL and another   [2014] 2 All ER (Comm) 301, [2014] All ER (EC) 717, [2014] 1 QB 1022, [2014] 3 CMLR 50, [2014] ECDR 16, 36 BHRC 589, ECLI:EU:C:2014:317, [2014] EMLR 27, EU:C:2014:317, [2014] 3 WLR 659, [2014] EUECJ C-131/12, [2014] QB 1022. In that case the Audiencia Nacional asked the CJEU "whether Article 2(b) of Directive 95/46 i s to be interpreted as meaning that the activity of a search engine as a provider of content which consists in finding information published or placed on the internet by third parties, indexing it automatically, storing it temporarily and, finally, making it available to internet users according to a p...

Jane Lambert On 12 June 2014  La Commission Nationale de l'Informatique et des Libertés (CNIL) . the French data protection authority, issued a notice requiring Google to apply de-listing from all platforms of its search engine such as Google Sierra Leone and Google Mongolia  and not just those like Google UK , Google  France and Google Deutschland that are marketed to residents of EU member states. In his post  Implementing a European, not global, right to be forgotten  30 July 2915 Google's privacy counsel Peter Flecischer stated that Google had refused to implement that notice and had asked the CNIL to withdraw it. It is possible that the CNIL will change its mind and do so but it is more likely that it won't.  In that case the President of the Commission could nominate a Rapporteur and ask him or her to draft a report recommending sanctions to be imposed on Google for such non-compliance. Google could of course...