Naslov
Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators

Autori
Kunda, Ivana, Lončar Dušanović, Darja

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Regulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics. Universitat Oberta de Catalunya, Barcelona, 2-3 July, 2015 / Balcells, J., Delgado, A., Fiori, M., Marsan, C., Peña-López, I., Pifarré de Moner, M.J., & Vilasau Solana, M. - Barcelona : UOC-Huygens Editorial, 2015, 169-187

ISBN
978-84-606-9621-6

Skup
The 11th International Conference on Internet, Law and Politics. A decade of transformation

Mjesto i datum
Barcelona, Španjolska, 02.07.2015. - 03.07.2015

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Data controller ; data processing ; legitimate interest ; balancing test ; right to be forgotten ; liability of Internet search engine operator ; liability of Internet service provider

Sažetak
The judgment of the Court of Justice of the European Union in the case C-131/12 Google v AEPD and Gonzalez of May 2014 is important for several reasons. Not only because it prompts the right to be forgotten and liability of Internet search engine operators for content published by third parties, but also because it subjects Internet search engine operators to data protection legislation. These operators are characterised as data controllers, their activities as data processing activities, within the meaning of the Data Protection Directive 95/46/EC, while a number of issues related to applicability of Article 7(f) thereof remain unsettled. Besides departing from the Advocate General’s opinion in this case, these aspects of the judgment provoked controversy in scientific and professional circles. In this paper, authors examine reasons offered by the CJEU, in particular related to the abovementioned features of the ruling. Besides, authors focus on some other issues which seem to be insufficiently addressed in the judgment, such as the liability of Internet search engine operators and the implications on the legal scheme for Internet service providers under the E-Commerce Directive 200/31/EC. The proposition is put forward that the CJEU judgment errors in finding legal ground for Internet search engine operators’ activities in Article 7(f), due to inherent lack of possibility of Internet search engine operators to conduct ex ante balancing test. As a result, the CJEU’s finding about Internet search engine operators as data controllers is called into question. Inconsistencies may also be found in attempting to establish their liability, which is equally tied to the awareness of and control over the data. Therefore, more convergence is recommended with the scheme under the E- Commerce Directive.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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