Last week’s seismic decision
in the Google Spain case continues to generate many column inches of comment and will no doubt continue to do so for some time. Datonomy's colleagues in Olswang's international privacy team have just published a paper considering the practical implications of this decision in the round. You can access it at this link
. The paper considers:
- Google’s practical options in terms of next steps
- the implications for individuals’ rights
- the implications for online publishers
- what it means for the Right To Be Forgotten under the new EU Regulation
- the impact on wider “data debates” over other technologies such as email scanning and Google Glass
- what it tells us about the workings of Europe’s highest commercial court, and tactical tips for bringing referrals on points of EU law.
The paper is also available in PDF here
The Court of Justice of the European Union (“CJEU”) made a historic ruling in the case of Google v Spain [Case C‑131/12]
. The CJEU ruled that Googleis responsible for the processing that it carries out of personal data which appear on web pages published by third parties.
The decision is something of a surprise given that it goes against the Advocate General’s Opinion delivered last year, and indeed is quite a bold statement by the CJEU on what it sees as the future of data protection in the internet age and the legal responsibilities of search engines.
The case arose after a complaint that was brought against Google by a Spanish individual, Mario Costeja González, to the Spanish Data Protection Authority (AEPD). Mr González had been the subject of an auction notice for unpaid debts that was published in a widely-read newspaper in Spain around a decade ago. Despite the time … Continue Reading ››
The ISO is developing specific new security standards for cloud services, which are expected to be published in 2015. This is another welcome step towards ensuring compliance with the principles in the Data Protection Act and further boosting customer confidence in in cloud computing technologies.
Why the new standard?
The development of the new standard is a direct response to one of the key goals announced in the 2012 European Cloud Computing Strategy
”). The Strategy was published by the European Commission with the aim of promoting the rapid adoption of cloud computing in all sectors of the economy in order to boost productivity. The Commission’s own Cloud Standards Roadmap
talks about concerns over security as often being cited as a barrier to migrating data to the cloud. Under current rules, liability for breach of data protection rules rests with the data controller therefore, an auditable standard for cloud … Continue Reading ››