The Court of Justice ruled that an internet search engine operator is responsible under EU data protection law for processing personal data found on third party websites. It held that search engines like Google collect, organize and store personal data through their indexing programs, amounting to processing under the law. The operator must ensure its activities comply with requirements to protect individuals' privacy and personal data. The Court also ruled that search engines may be required to remove links to third party web pages containing personal information from search results at an individual's request, if keeping the links would be incompatible with EU law due to the information being inadequate, irrelevant or excessive.
Right to be forgotten is the rule to remove any data from the internet sources. This report analyses about the laws and rights of European court for data protection.
https://www.assignmentprime.com/law-assignment-writing-help
UK & EU Freedom of Information & Data Protection: Continuity & ChangeDavid Erdos
This presentation explores continuities and changes in the interface between freedom of information and personal information protection at pan-EU level and in the UK under the amended law of the Data Protection Act 2018 and Regulation 2018/1725. Comparing both regimes, it especially focuses on fairness and balancing, the requirement to demonstrate the "necessity" of processing, the position of the deceased and the relationship between disclosure, transparency and sensitive personal data rules.
Right to be forgotten is the rule to remove any data from the internet sources. This report analyses about the laws and rights of European court for data protection.
https://www.assignmentprime.com/law-assignment-writing-help
UK & EU Freedom of Information & Data Protection: Continuity & ChangeDavid Erdos
This presentation explores continuities and changes in the interface between freedom of information and personal information protection at pan-EU level and in the UK under the amended law of the Data Protection Act 2018 and Regulation 2018/1725. Comparing both regimes, it especially focuses on fairness and balancing, the requirement to demonstrate the "necessity" of processing, the position of the deceased and the relationship between disclosure, transparency and sensitive personal data rules.
Bulletin - US-EU Data Privacy Safe Harbor Program InvalidatedCohenGrigsby
On October 6, 2015, the European Court of Justice ("ECJ") invalidated the safe harbor program negotiated between the United States Department of Commerce and the European Commission pursuant to which safe harbor-registered United States companies have processed personal data transferred from the EU within the United States since 2000 (the "Safe Harbor").
Frequently Asked Questions on the judgment of the Court
of Justice of the European Union in Case C-311/18 - Data
Protection Commissioner v Facebook Ireland Ltd and
Maximillian Schrems
Amid mounting criticism of Ireland’s privacy watchdog, top European Commission official Didier Reynders has come to Dublin’s defense, brushing off calls to penalize the country over claims it has failed to uphold Europeans’ privacy rights.
The defense, in a letter to MEPs, comes after lawmakers including Sophie in ‘t Veld and Tineke Strik from the Netherlands and Cornelia Ernst and Birgit Sippel from Germany urged the EU executive to open a disciplinary procedure against Dublin.
Legislative and jurisprudential developments in the postal sector in 2011 in ...Michal
Postal services in Poland are governed by the Postal Law Act of 2003 (in
Polish: Prawo Pocztowe)1 which maintains the monopoly of the public operator
Poczta Polska with respect of letters weighing up to 50 grams. However, Poland
will have to fully liberalize its postal services market by 31 December 2012.
For this reason, the Government adopted on 5 October 2010 Assumptions
for the Draft Postal Law Act as proposed by the Minister of Infrastructure2.
However, the Draft was not placed on the Government’s legislative agenda
for 2011. Thus, the majority of legislative work will have to be completed in
2012, a fact that jeopardizes the implementation of Directive 2008/6/EC. The
latter indicates 31 December 2012 as the deadline beyond which Member
States must not maintain a privileged position of operators providing universal
postal services
Intersection between the activities of two regulators – shall prior actions t...Michal
The commented judgment of the Polish Supreme Court concerns Telekomunikacja
Polska S.A. (hereafter, TPSA)1 and the fines imposed upon the incumbent operator
by the President of the Office of Competition and Consumer Protection (in Polish:
Urząd Ochrony Konkurencji i Konsumentów; hereafter, UOKiK) for the abuse of its
dominant position. TPSA is a Polish telecoms provider formally established in 1991.
It is a public company – its shares are traded on the Warsaw Stock Exchange with the
controlling stake owned by France Télécom2. TPSA is often the subject of competition
law decisions issued not only by the UOKiK President but also by the European
Commission, particularly with respect to dominant position abuse
"Competition rules at European Union (EU) level, as well as in Romania, provide investigative powers for the competition authorities.", Andreea Oprișan, Managing Associate Tuca Zbarcea & Asociatii.
The Law numbered 6698 on Protection of Personal Data (“Law”) has been published recently which introduced new requirements and obligations in terms of data protection.
Following the enforcement of the Law, the companies in Turkey are required to render their internal regulations, policies and contracts to comply with the Law. In this Article, the procedures to be followed by companies from the point of view of employment and contractual law will be described.
Lewis Barbe vs. US - Freedom of Information ActLewis Barbe
In a claim documented by Lewis Barbe versus the United States. The Court of Appeals Fifth Circuit requested the Sectary of Labor to turn over directions, understudy Manuel, preparing slides, preparing movies and there visual guides and materials utilized as a part of preparing assessors of OSHA to him.
E. rumak, p. sitarek, polish leniency programmeMichal
This paper is devoted to the Polish leniency programme, including the conditions
of obtaining lenient treatment and the applicable procedure. The type, scope
and form of information that must be submitted are commented on as well as
the marker system and summary applications. The intersection of the leniency
scheme with private enforcement of antitrust rules is discussed in detail. Special
attention is devoted to the possible ways in which private antitrust plaintiffs might
access information submitted to the UOKiK by leniency applicants. Thoroughly
analysed are the rules regulating the possibility of obtaining relevant documents
from the UOKiK and from the defendant in the course of civil proceedings as well as the status of the administrative decision in subsequent civil litigation. The paper
covers also the scope of the leniency recipient’s civil liability and touches upon
the possible ways in which it could be limited to enhance the effectiveness of the
leniency scheme. Some suggestions de lege ferenda are also provided concerning
the means of increasing this effectiveness without prejudice to the private parties’
right to compensation.
The Opinion comes to complement the preliminary opinion of IPRE and CRJM from 19 May 20203 and reviews the updated draft Action Plan, submitted by the Ministry of Justice on 25 June 2020.
Guidelines on the implementation of the Court of Justice of the European UnionSilesia SEM
Guidelines on the implementation of the Court of Justice of the European Union judgment on “Google Spain and inc v. Agencia Española de Protección de Datos (AEPD) and Mario Costeja González”
EU Guidelines On The Right To Be Forgotten Implementation November 2014Krishna De
Right To Be Forgotten Implementation Guidelines - see original article here http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp225_en.pdf
This has been added to SlideShare for students on my Online Reputation workshops - see a curation of content about this legislation here http://bgn.bz/righttobeforgotten
Bulletin - US-EU Data Privacy Safe Harbor Program InvalidatedCohenGrigsby
On October 6, 2015, the European Court of Justice ("ECJ") invalidated the safe harbor program negotiated between the United States Department of Commerce and the European Commission pursuant to which safe harbor-registered United States companies have processed personal data transferred from the EU within the United States since 2000 (the "Safe Harbor").
Frequently Asked Questions on the judgment of the Court
of Justice of the European Union in Case C-311/18 - Data
Protection Commissioner v Facebook Ireland Ltd and
Maximillian Schrems
Amid mounting criticism of Ireland’s privacy watchdog, top European Commission official Didier Reynders has come to Dublin’s defense, brushing off calls to penalize the country over claims it has failed to uphold Europeans’ privacy rights.
The defense, in a letter to MEPs, comes after lawmakers including Sophie in ‘t Veld and Tineke Strik from the Netherlands and Cornelia Ernst and Birgit Sippel from Germany urged the EU executive to open a disciplinary procedure against Dublin.
Legislative and jurisprudential developments in the postal sector in 2011 in ...Michal
Postal services in Poland are governed by the Postal Law Act of 2003 (in
Polish: Prawo Pocztowe)1 which maintains the monopoly of the public operator
Poczta Polska with respect of letters weighing up to 50 grams. However, Poland
will have to fully liberalize its postal services market by 31 December 2012.
For this reason, the Government adopted on 5 October 2010 Assumptions
for the Draft Postal Law Act as proposed by the Minister of Infrastructure2.
However, the Draft was not placed on the Government’s legislative agenda
for 2011. Thus, the majority of legislative work will have to be completed in
2012, a fact that jeopardizes the implementation of Directive 2008/6/EC. The
latter indicates 31 December 2012 as the deadline beyond which Member
States must not maintain a privileged position of operators providing universal
postal services
Intersection between the activities of two regulators – shall prior actions t...Michal
The commented judgment of the Polish Supreme Court concerns Telekomunikacja
Polska S.A. (hereafter, TPSA)1 and the fines imposed upon the incumbent operator
by the President of the Office of Competition and Consumer Protection (in Polish:
Urząd Ochrony Konkurencji i Konsumentów; hereafter, UOKiK) for the abuse of its
dominant position. TPSA is a Polish telecoms provider formally established in 1991.
It is a public company – its shares are traded on the Warsaw Stock Exchange with the
controlling stake owned by France Télécom2. TPSA is often the subject of competition
law decisions issued not only by the UOKiK President but also by the European
Commission, particularly with respect to dominant position abuse
"Competition rules at European Union (EU) level, as well as in Romania, provide investigative powers for the competition authorities.", Andreea Oprișan, Managing Associate Tuca Zbarcea & Asociatii.
The Law numbered 6698 on Protection of Personal Data (“Law”) has been published recently which introduced new requirements and obligations in terms of data protection.
Following the enforcement of the Law, the companies in Turkey are required to render their internal regulations, policies and contracts to comply with the Law. In this Article, the procedures to be followed by companies from the point of view of employment and contractual law will be described.
Lewis Barbe vs. US - Freedom of Information ActLewis Barbe
In a claim documented by Lewis Barbe versus the United States. The Court of Appeals Fifth Circuit requested the Sectary of Labor to turn over directions, understudy Manuel, preparing slides, preparing movies and there visual guides and materials utilized as a part of preparing assessors of OSHA to him.
E. rumak, p. sitarek, polish leniency programmeMichal
This paper is devoted to the Polish leniency programme, including the conditions
of obtaining lenient treatment and the applicable procedure. The type, scope
and form of information that must be submitted are commented on as well as
the marker system and summary applications. The intersection of the leniency
scheme with private enforcement of antitrust rules is discussed in detail. Special
attention is devoted to the possible ways in which private antitrust plaintiffs might
access information submitted to the UOKiK by leniency applicants. Thoroughly
analysed are the rules regulating the possibility of obtaining relevant documents
from the UOKiK and from the defendant in the course of civil proceedings as well as the status of the administrative decision in subsequent civil litigation. The paper
covers also the scope of the leniency recipient’s civil liability and touches upon
the possible ways in which it could be limited to enhance the effectiveness of the
leniency scheme. Some suggestions de lege ferenda are also provided concerning
the means of increasing this effectiveness without prejudice to the private parties’
right to compensation.
The Opinion comes to complement the preliminary opinion of IPRE and CRJM from 19 May 20203 and reviews the updated draft Action Plan, submitted by the Ministry of Justice on 25 June 2020.
Guidelines on the implementation of the Court of Justice of the European UnionSilesia SEM
Guidelines on the implementation of the Court of Justice of the European Union judgment on “Google Spain and inc v. Agencia Española de Protección de Datos (AEPD) and Mario Costeja González”
EU Guidelines On The Right To Be Forgotten Implementation November 2014Krishna De
Right To Be Forgotten Implementation Guidelines - see original article here http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp225_en.pdf
This has been added to SlideShare for students on my Online Reputation workshops - see a curation of content about this legislation here http://bgn.bz/righttobeforgotten
Artificial Intelligence isn't just an overly imaginary pipe dream anymore. So what if algorithm starts mining for you after your gone? Or still hear, point is nobody can assume it couldn't.
SOMETHING TO CONSIDER
European Data Protection, the Right to be Forgotten and Search EnginesDavid Erdos
Provides background and explores the interpretation and enforcement of search engines' obligations under European data protection almost four years on from Google Spain (2014) and on the cusp of the new GDPR era. Focuses on four ongoing controversies: (i) the scope of such responsibilities under DP, (ii) the regulation of sensitive persona data, (iii) the legitimacy of webmaster notification and (iv) the geographical scope of action required.
New Media Internet Expression and European Data ProtectionDavid Erdos
These slides are based on my keynote address to the Maison Française d'Oxford conference "Data Privacy Law: Policy and Legal Challenges", 20 November 2015. Drawing on both doctrinal analysis and a survey of European Data Protection Authorities (DPAs) it makes four key claims about law and practice as entrenched in C-131/12 Google Spain (2014). Firstly, both the Court of Justice and especially European DPAs have adopted an expansive interpretative stance as regards data protection applied to internet expression. Secondly, that paradigm has serious implications for a range of internet actors beyond search engines. Thirdly, enforcement has been both limited and sporadic. Fourthly, a focus by DPAs on enforcement can result in the production of detailed guidance which "reads down" the law and therefore is some tension with the expansive interpretative stance generally adopted, the implementation of the Google Spain decision against search engines being a case in point.
The third output of the GDPR Implementation Group focuses on the topic of consent, and its implications as for online advertising companies when used as a legal basis for processing.
Google Spain and its Aftermath 2014-2023: An EU and UK GDPR PerspectiveDavid Erdos
These slides explore how EU and UK data protection as applied to search engine indexing has evolved in the nine years following the Google Spain (2014) judgment. This judgment has provided a very real and valuable remedy for hundreds of thousands of data subjects but the working out of its rather ad hoc limitations concerning “significant and additional” rights effect and action only in the context of “responsibilities, powers and capabilities” have raised many questions as regards legal certainty, the role of courts as opposed to legislatures and whether “effective and complete protection” is really being secured (an issue which is especially heightened in jurisdictions such as the UK given limited action by the UK DPA in a number of areas). The slides are based my book chapter in Peter Coe and Paul Wragg (eds.), Landmark Cases in Privacy Law (Hart, 2023).as well as talks given at the Universities of Belfast, Cambridge, Leeds, Manchester and Public Service Budapest.
These slides explore the interface between generative AI services such as ChatGPT and Google Bard and the GDPR in light of the experience of search engine indexing under the EU framework. In contrast to search engines, EU data protection authorities have responded promptly to the emergence of generative AI and, in principle, have stressed the need for full data protection compliance. However, in reality a host of legal problems remain live including an absence of a clear legal basis at least for sensitive personal data, uncertainty about whether data quality standards and data subject rights at least as regards background processing are or even can be met and failures of transparency as regards the categories, sources and storage periods for the personal data under processing. There is a serious likelihood, and indeed even present indications, that generative AI services will seek to claim the extra- and even contra-legislative derogations crafted in case law for search engines which limit duties to situations where processing is liable to affect fundamental rights “significantly and additionally” and to actions which are deemed to fall within the “responsibilities, powers and capabilities” of the service operators. Such derogations grant operators too much discretion and pay insufficient attention to the highly active manner in which generative AI services process personal data.
Key Issues on the new General Data Protection RegulationOlivier Vandeputte
The General Data Protection Regulation is one of the most wide ranging pieces of legislation passed by the EU in recent years. The GDPR comes into effect on 25 May 2018. The new framework is ambitious, complex and strict. It presents any organization that has so far failed to begin preparations with a steep challenge to become GDPR compliant in time.
We have summarized the key issues in our GDPR brochure.
Joint ad trade letter to ag becerra re ccpa 1.31.2019Greg Sterling
We strongly support the objectives of the California Consumer Privacy Act (CCPA), but we have notable concerns around the likely negative impact on California consumers and businesses from some of the specific language in the law. We provide this initial comment to provide you with information about the significant importance of a data-driven and ad-supported online ecosystem, industry efforts to protect privacy, and in section III of the letter draw your attention to several areas that can be addressed and improved through the rulemaking process. We will provide more detailed comments over the coming weeks.
a group of locksmiths has filed a new class action lawsuit against Google, Microsoft and Yahoo. They claim the search engines (Google in particular) are deliberately “flooding” organic results with “scam locksmith listings” known to be false.
In an extensive and lengthy argument, Amazon argues that interactions with the Alexa virtual assistant are free speech. That includes both the human speech commands and the AI/robot responses. Interestingly, Amazon cites Search King v. Google for the proposition that Alexa responses are like search results and entitled to the same editorial protections accorded Google under that ruling and related case law
European Court of Justice Press Release GS Media vs. SanomaGreg Sterling
[W]hen hyperlinks are posted for profit, it may be expected that the person who posted such a link should carry out the checks necessary to ensure that the work concerned is not illegally published. Therefore, it must be presumed that that posting has been done with the full knowledge of the protected nature of the work and of the possible lack of the copyright holder’s consent to publication on the internet. In such circumstances, and in so far as that presumption is not rebutted, the act of posting a clickable link to a work illegally published on the internet constitutes a ‘communication to the public’.
Observability Concepts EVERY Developer Should Know -- DeveloperWeek Europe.pdfPaige Cruz
Monitoring and observability aren’t traditionally found in software curriculums and many of us cobble this knowledge together from whatever vendor or ecosystem we were first introduced to and whatever is a part of your current company’s observability stack.
While the dev and ops silo continues to crumble….many organizations still relegate monitoring & observability as the purview of ops, infra and SRE teams. This is a mistake - achieving a highly observable system requires collaboration up and down the stack.
I, a former op, would like to extend an invitation to all application developers to join the observability party will share these foundational concepts to build on:
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
Clients don’t know what they don’t know. What web solutions are right for them? How does WordPress come into the picture? How do you make sure you understand scope and timeline? What do you do if sometime changes?
All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
UiPath Test Automation using UiPath Test Suite series, part 6DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 6. In this session, we will cover Test Automation with generative AI and Open AI.
UiPath Test Automation with generative AI and Open AI webinar offers an in-depth exploration of leveraging cutting-edge technologies for test automation within the UiPath platform. Attendees will delve into the integration of generative AI, a test automation solution, with Open AI advanced natural language processing capabilities.
Throughout the session, participants will discover how this synergy empowers testers to automate repetitive tasks, enhance testing accuracy, and expedite the software testing life cycle. Topics covered include the seamless integration process, practical use cases, and the benefits of harnessing AI-driven automation for UiPath testing initiatives. By attending this webinar, testers, and automation professionals can gain valuable insights into harnessing the power of AI to optimize their test automation workflows within the UiPath ecosystem, ultimately driving efficiency and quality in software development processes.
What will you get from this session?
1. Insights into integrating generative AI.
2. Understanding how this integration enhances test automation within the UiPath platform
3. Practical demonstrations
4. Exploration of real-world use cases illustrating the benefits of AI-driven test automation for UiPath
Topics covered:
What is generative AI
Test Automation with generative AI and Open AI.
UiPath integration with generative AI
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
In his public lecture, Christian Timmerer provides insights into the fascinating history of video streaming, starting from its humble beginnings before YouTube to the groundbreaking technologies that now dominate platforms like Netflix and ORF ON. Timmerer also presents provocative contributions of his own that have significantly influenced the industry. He concludes by looking at future challenges and invites the audience to join in a discussion.
Alt. GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using ...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
The modern software delivery process (or the CI/CD process) includes many tools, distributed teams, open-source code, and cloud platforms. Constant focus on speed to release software to market, along with the traditional slow and manual security checks has caused gaps in continuous security as an important piece in the software supply chain. Today organizations feel more susceptible to external and internal cyber threats due to the vast attack surface in their applications supply chain and the lack of end-to-end governance and risk management.
The software team must secure its software delivery process to avoid vulnerability and security breaches. This needs to be achieved with existing tool chains and without extensive rework of the delivery processes. This talk will present strategies and techniques for providing visibility into the true risk of the existing vulnerabilities, preventing the introduction of security issues in the software, resolving vulnerabilities in production environments quickly, and capturing the deployment bill of materials (DBOM).
Speakers:
Bob Boule
Robert Boule is a technology enthusiast with PASSION for technology and making things work along with a knack for helping others understand how things work. He comes with around 20 years of solution engineering experience in application security, software continuous delivery, and SaaS platforms. He is known for his dynamic presentations in CI/CD and application security integrated in software delivery lifecycle.
Gopinath Rebala
Gopinath Rebala is the CTO of OpsMx, where he has overall responsibility for the machine learning and data processing architectures for Secure Software Delivery. Gopi also has a strong connection with our customers, leading design and architecture for strategic implementations. Gopi is a frequent speaker and well-known leader in continuous delivery and integrating security into software delivery.
Sudheer Mechineni, Head of Application Frameworks, Standard Chartered Bank
Discover how Standard Chartered Bank harnessed the power of Neo4j to transform complex data access challenges into a dynamic, scalable graph database solution. This keynote will cover their journey from initial adoption to deploying a fully automated, enterprise-grade causal cluster, highlighting key strategies for modelling organisational changes and ensuring robust disaster recovery. Learn how these innovations have not only enhanced Standard Chartered Bank’s data infrastructure but also positioned them as pioneers in the banking sector’s adoption of graph technology.
Why You Should Replace Windows 11 with Nitrux Linux 3.5.0 for enhanced perfor...SOFTTECHHUB
The choice of an operating system plays a pivotal role in shaping our computing experience. For decades, Microsoft's Windows has dominated the market, offering a familiar and widely adopted platform for personal and professional use. However, as technological advancements continue to push the boundaries of innovation, alternative operating systems have emerged, challenging the status quo and offering users a fresh perspective on computing.
One such alternative that has garnered significant attention and acclaim is Nitrux Linux 3.5.0, a sleek, powerful, and user-friendly Linux distribution that promises to redefine the way we interact with our devices. With its focus on performance, security, and customization, Nitrux Linux presents a compelling case for those seeking to break free from the constraints of proprietary software and embrace the freedom and flexibility of open-source computing.
Dr. Sean Tan, Head of Data Science, Changi Airport Group
Discover how Changi Airport Group (CAG) leverages graph technologies and generative AI to revolutionize their search capabilities. This session delves into the unique search needs of CAG’s diverse passengers and customers, showcasing how graph data structures enhance the accuracy and relevance of AI-generated search results, mitigating the risk of “hallucinations” and improving the overall customer journey.
Goodbye Windows 11: Make Way for Nitrux Linux 3.5.0!SOFTTECHHUB
As the digital landscape continually evolves, operating systems play a critical role in shaping user experiences and productivity. The launch of Nitrux Linux 3.5.0 marks a significant milestone, offering a robust alternative to traditional systems such as Windows 11. This article delves into the essence of Nitrux Linux 3.5.0, exploring its unique features, advantages, and how it stands as a compelling choice for both casual users and tech enthusiasts.
In the rapidly evolving landscape of technologies, XML continues to play a vital role in structuring, storing, and transporting data across diverse systems. The recent advancements in artificial intelligence (AI) present new methodologies for enhancing XML development workflows, introducing efficiency, automation, and intelligent capabilities. This presentation will outline the scope and perspective of utilizing AI in XML development. The potential benefits and the possible pitfalls will be highlighted, providing a balanced view of the subject.
We will explore the capabilities of AI in understanding XML markup languages and autonomously creating structured XML content. Additionally, we will examine the capacity of AI to enrich plain text with appropriate XML markup. Practical examples and methodological guidelines will be provided to elucidate how AI can be effectively prompted to interpret and generate accurate XML markup.
Further emphasis will be placed on the role of AI in developing XSLT, or schemas such as XSD and Schematron. We will address the techniques and strategies adopted to create prompts for generating code, explaining code, or refactoring the code, and the results achieved.
The discussion will extend to how AI can be used to transform XML content. In particular, the focus will be on the use of AI XPath extension functions in XSLT, Schematron, Schematron Quick Fixes, or for XML content refactoring.
The presentation aims to deliver a comprehensive overview of AI usage in XML development, providing attendees with the necessary knowledge to make informed decisions. Whether you’re at the early stages of adopting AI or considering integrating it in advanced XML development, this presentation will cover all levels of expertise.
By highlighting the potential advantages and challenges of integrating AI with XML development tools and languages, the presentation seeks to inspire thoughtful conversation around the future of XML development. We’ll not only delve into the technical aspects of AI-powered XML development but also discuss practical implications and possible future directions.
Essentials of Automations: The Art of Triggers and Actions in FMESafe Software
In this second installment of our Essentials of Automations webinar series, we’ll explore the landscape of triggers and actions, guiding you through the nuances of authoring and adapting workspaces for seamless automations. Gain an understanding of the full spectrum of triggers and actions available in FME, empowering you to enhance your workspaces for efficient automation.
We’ll kick things off by showcasing the most commonly used event-based triggers, introducing you to various automation workflows like manual triggers, schedules, directory watchers, and more. Plus, see how these elements play out in real scenarios.
Whether you’re tweaking your current setup or building from the ground up, this session will arm you with the tools and insights needed to transform your FME usage into a powerhouse of productivity. Join us to discover effective strategies that simplify complex processes, enhancing your productivity and transforming your data management practices with FME. Let’s turn complexity into clarity and make your workspaces work wonders!
Maruthi Prithivirajan, Head of ASEAN & IN Solution Architecture, Neo4j
Get an inside look at the latest Neo4j innovations that enable relationship-driven intelligence at scale. Learn more about the newest cloud integrations and product enhancements that make Neo4j an essential choice for developers building apps with interconnected data and generative AI.
The Right to Be Forgotten in European Search Results
1. www.curia.europa.eu
Press and Information
Court of Justice of the European Union
PRESS RELEASE No 70/14
Luxembourg, 13 May 2014
Judgment in Case C-131/12
Google Spain SL, Google Inc. v Agencia Española de Protección de Datos,
Mario Costeja González
An internet search engine operator is responsible for the processing that it carries
out of personal data which appear on web pages published by third parties
Thus, if, following a search made on the basis of a person’s name, the list of results displays a link
to a web page which contains information on the person in question, that data subject may
approach the operator directly and, where the operator does not grant his request, bring the matter
before the competent authorities in order to obtain, under certain conditions, the removal of that
link from the list of results
An EU directive1
has the objective of protecting the fundamental rights and freedoms of natural
persons (in particular the right to privacy) when personal data are processed, while removing
obstacles to the free flow of such data.
In 2010 Mario Costeja González, a Spanish national, lodged with the Agencia Española de
Protección de Datos (Spanish Data Protection Agency, the AEPD) a complaint against La
Vanguardia Ediciones SL (the publisher of a daily newspaper with a large circulation in Spain, in
particular in Catalonia) and against Google Spain and Google Inc. Mr Costeja González contended
that, when an internet user entered his name in the search engine of the Google group (‘Google
Search’), the list of results would display links to two pages of La Vanguardia’s newspaper, of
January and March 1998. Those pages in particular contained an announcement for a real-estate
auction organised following attachment proceedings for the recovery of social security debts owed
by Mr Costeja González.
With that complaint, Mr Costeja González requested, first, that La Vanguardia be required either to
remove or alter the pages in question (so that the personal data relating to him no longer
appeared) or to use certain tools made available by search engines in order to protect the data.
Second, he requested that Google Spain or Google Inc. be required to remove or conceal the
personal data relating to him so that the data no longer appeared in the search results and in the
links to La Vanguardia. In this context, Mr Costeja González stated that the attachment
proceedings concerning him had been fully resolved for a number of years and that reference to
them was now entirely irrelevant.
The AEPD rejected the complaint against La Vanguardia, taking the view that the information in
question had been lawfully published by it. On the other hand, the complaint was upheld as
regards Google Spain and Google Inc. The AEPD requested those two companies to take the
necessary measures to withdraw the data from their index and to render access to the data
impossible in the future. Google Spain and Google Inc. brought two actions before the Audiencia
Nacional (National High Court, Spain), claiming that the AEPD’s decision should be annulled. It is
in this context that the Spanish court referred a series of questions to the Court of Justice.
In today’s judgment, the Court of Justice finds, first of all, that by searching automatically,
constantly and systematically for information published on the internet, the operator of a search
engine ‘collects’ data within the meaning of the directive. The Court considers, furthermore, that
the operator, within the framework of its indexing programmes, ‘retrieves’, ‘records’ and ‘organises’
1
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31).
2. www.curia.europa.eu
the data in question, which it then ‘stores’ on its servers and, as the case may be, ‘discloses’ and
‘makes available’ to its users in the form of lists of results. Those operations, which are referred to
expressly and unconditionally in the directive, must be classified as ‘processing’, regardless of the
fact that the operator of the search engine carries them out without distinction in respect of
information other than the personal data. The Court also points out that the operations referred to
by the directive must be classified as processing even where they exclusively concern material that
has already been published as it stands in the media. A general derogation from the application of
the directive in such a case would have the consequence of largely depriving the directive of its
effect.
The Court further holds that the operator of the search engine is the ‘controller’ in respect of that
processing, within the meaning of the directive, given that it is the operator which determines the
purposes and means of the processing. The Court observes in this regard that, inasmuch as the
activity of a search engine is additional to that of publishers of websites and is liable to affect
significantly the fundamental rights to privacy and to the protection of personal data, the operator of
the search engine must ensure, within the framework of its responsibilities, powers and
capabilities, that its activity complies with the directive’s requirements. This is the only way that the
guarantees laid down by the directive will be able to have full effect and that effective and complete
protection of data subjects (in particular of their privacy) may actually be achieved.
As regards the directive’s territorial scope, the Court observes that Google Spain is a subsidiary of
Google Inc. on Spanish territory and, therefore, an ‘establishment’ within the meaning of the
directive. The Court rejects the argument that the processing of personal data by Google Search is
not carried out in the context of the activities of that establishment in Spain. The Court holds, in this
regard, that where such data are processed for the purposes of a search engine operated by an
undertaking which, although it has its seat in a non-member State, has an establishment in a
Member State, the processing is carried out ‘in the context of the activities’ of that establishment,
within the meaning of the directive, if the establishment is intended to promote and sell, in the
Member State in question, advertising space offered by the search engine in order to make the
service offered by the engine profitable.
So far as concerns, next, the extent of the responsibility of the operator of the search engine, the
Court holds that the operator is, in certain circumstances, obliged to remove links to web pages
that are published by third parties and contain information relating to a person from the list of
results displayed following a search made on the basis of that person’s name. The Court makes it
clear that such an obligation may also exist in a case where that name or information is not erased
beforehand or simultaneously from those web pages, and even, as the case may be, when its
publication in itself on those pages is lawful.
The Court points out in this context that processing of personal data carried out by such an
operator enables any internet user, when he makes a search on the basis of an individual’s name,
to obtain, through the list of results, a structured overview of the information relating to that
individual on the internet. The Court observes, furthermore, that this information potentially
concerns a vast number of aspects of his private life and that, without the search engine, the
information could not have been interconnected or could have been only with great difficulty.
Internet users may thereby establish a more or less detailed profile of the person searched against.
Furthermore, the effect of the interference with the person’s rights is heightened on account of the
important role played by the internet and search engines in modern society, which render the
information contained in such lists of results ubiquitous. In the light of its potential seriousness,
such interference cannot, according to the Court, be justified by merely the economic interest
which the operator of the engine has in the data processing.
However, inasmuch as the removal of links from the list of results could, depending on the
information at issue, have effects upon the legitimate interest of internet users potentially interested
in having access to that information, the Court holds that a fair balance should be sought in
particular between that interest and the data subject’s fundamental rights, in particular the right to
privacy and the right to protection of personal data. The Court observes in this regard that, whilst it
is true that the data subject’s rights also override, as a general rule, that interest of internet users,
3. www.curia.europa.eu
this balance may however depend, in specific cases, on the nature of the information in question
and its sensitivity for the data subject’s private life and on the interest of the public in having that
information, an interest which may vary, in particular, according to the role played by the data
subject in public life.
Finally, in response to the question whether the directive enables the data subject to request that
links to web pages be removed from such a list of results on the grounds that he wishes the
information appearing on those pages relating to him personally to be ‘forgotten’ after a certain
time, the Court holds that, if it is found, following a request by the data subject, that the inclusion of
those links in the list is, at this point in time, incompatible with the directive, the links and
information in the list of results must be erased. The Court observes in this regard that even initially
lawful processing of accurate data may, in the course of time, become incompatible with the
directive where, having regard to all the circumstances of the case, the data appear to be
inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they
were processed and in the light of the time that has elapsed. The Court adds that, when appraising
such a request made by the data subject in order to oppose the processing carried out by the
operator of a search engine, it should in particular be examined whether the data subject has a
right that the information in question relating to him personally should, at this point in time, no
longer be linked to his name by a list of results that is displayed following a search made on the
basis of his name. If that is the case, the links to web pages containing that information must be
removed from that list of results, unless there are particular reasons, such as the role played by the
data subject in public life, justifying a preponderant interest of the public in having access to the
information when such a search is made.
The Court points out that the data subject may address such a request directly to the operator of
the search engine (the controller) which must then duly examine its merits. Where the controller
does not grant the request, the data subject may bring the matter before the supervisory authority
or the judicial authority so that it carries out the necessary checks and orders the controller to take
specific measures accordingly.
NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes
which have been brought before them, to refer questions to the Court of Justice about the interpretation of
European Union law or the validity of a European Union act. The Court of Justice does not decide the
dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s
decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.
Unofficial document for media use, not binding on the Court of Justice.
The full text of the judgment is published on the CURIA website on the day of delivery.
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