The Right to be Forgotten - It's About Time, or is it? (CPDP2014)


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The Right to be Forgotten - It's About Time, or is it? (CPDP2014)

  1. 1. The Right to be Forgotten – It’s about time, or is it? Jef Ausloos CPDP Panel: Timing the Right to be Forgotten January 23rd, 2014
  2. 2. Umbrella Term General Right to Privacy Defamation Law The Right to be Forgotten Data Protection Law General Tort Law Intellectual Property Rights
  3. 3. General Right to Privacy (art.8 ECHR) • Public exposure of private information • In a disproportionate, unfair or unreasonable way • Usually by the media • Right to Privacy >< Right to Freedom of Expression • ECtHR Case-law: o o o ORF v Austria (7 Dec. 2006, No.35841/02); Editions Plon v France (18 May 2004, No. 58148/00); …
  4. 4. Data Protection: Right to Erasure Article 12 DPD: “Member States shall guarantee every data subject the right to obtain from the controller: […] (b) as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data;”
  5. 5. Data Protection: Right to Erasure • Purpose Specification & Use Limitation o o Legitimacy can evolve over time Data might become unnecessary, irrelevant or inadequate • Legitimate Ground o o Article 7(f): legitimate interests of the controller >< fundamental rights and freedoms of the data subject Balance might evolve over time • Right to Object o o Compelling and legitimate grounds Passing of time as an argument
  6. 6. Google Spain Case (CJEU C-131/12) National level: •Lack of territorial and temporal limitations •Ease of dissemination and retrieval •Originally lawful and accurate data can become outdated => Potential harm to data subjects
  7. 7. Draft Data Protection Regulation Article 17 – The Right to be Forgotten and to Erasure … §7. The controller shall implement mechanisms to ensure that the time limits established for the erasure of personal data and/or for a periodic review of the need for the storage of the data are observed.
  8. 8. Conclusion /1 • Ever more easy to capture, store, process and retrieve personal data • Variety of applicable legal regimes • Data Protection law increasingly appealing • Removal of information  Balance of interest to be made
  9. 9. Conclusion /2 … Public Interest Context Notoriety of Individual Time Balancing Exercise Other Legal Frameworks …
  10. 10. Thank you for your attention! Jef Ausloos Interdisciplinary Centre for Law and ICT (ICRI - iMinds), University of Leuven @Jausl00s - @ICRI_be