Wednesday, May 28, 2014

Article 29 Data Protection Working Party on the CJEU's decision on the "right to be forgotten"

"... The ECJ concluded that web users have the right to directly request from the search engine the deletion of the links to web pages containing information breaching their rights under the Directive, even if the publication of the information on the web pages in question is lawful in itself.

The ECJ nevertheless indicated that the rights to privacy and to the protection of personal data enshrined in the EU Charter of Fundamental Rights, although they override the search engine’s economic interest, are not absolute, and that therefore the right to deletion of information will have to be assessed on a case by case basis depending on the nature of the information in question, on its sensitivity for the data subject and on the interest of the public to have access to that information, considering in particular the role played by the data subject in public life.

A first exchange of views between the EU data protection authorities will take place at the WP29 plenary meeting of 3-4 June 2014 in order to analyse the consequences of the ECJ’s ruling and to identify guidelines in order to build a common approach of EU data protection authorities on the implementation of the ruling..."

more info at http://ec.europa.eu/justice/data-protection/article-29/index_en.htm

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