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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: right to be forgotten

Posted in International/EU Privacy

Reflections on Europe’s “Right to Be Forgotten”

In an Op-Ed for the National Post entitled “Sorry, but there’s no online ‘right to be forgotten’,” privacy advocates Ann Cavoukian and Christopher Wolf team up to consider the consequences of the European Court of Justice’s “Right to Be Forgotten” ruling. The pair focus on potential conflicts created by the Right to Be Forgotten between the right to privacy and that of free expression and highlight the plausible outcome that companies, in their new forced role as online censors, may “err on the side of deleting links to information.”

Posted in International/EU Privacy

EU High Court Grants “Right to Be Forgotten” and Expands Privacy Jurisdiction Over Foreign Companies: What Should Businesses Operating Outside of Europe Do Now?

A recent article by Hogan Lovells provides key takeaways for businesses in light of last week’s landmark ruling by the European Court of Justice that in effect judicially sanctioned a “right to be forgotten” allowing data subjects to scrub their names from a public record while also extending jurisdiction under European data protection law to include non-EU companies that may have a branch or subsidiary in the European Union and that collect data in the context of business activities in the European Union.

Posted in International/EU Privacy

European Court Adviser: Right to Be Forgotten Can Infringe Freedom of Expression

The European Court of Justice (ECJ) is considering a critical case regarding the “right to be forgotten” and the application of EU data protection law to Internet intermediaries. The case involves a Spanish individual who is seeking to require Google to delete references to newspaper articles mentioning his prior involvement in debt collection proceedings from its search results. The ECJ’s adviser, Advocate General Niilo Jääskinen, recently issued a non-binding opinion stating that although EU law should apply to Google, the company should not be deemed a “data controller” for its search engine activities. The opinion also warned that the “right to be forgotten” can adversely affect freedom of expression.

Posted in Consumer Privacy, International/EU Privacy

New York Times and Hogan Lovells Report from Berlin on Data Protection

The New York Times reported on May 13 that U.S. companies showed up in force at the International Data Protection Day conference that day in Berlin. The Times article also mentioned the presence of Hogan Lovells at the conference. In addition to the heightened interest in data protection evidenced by U.S. business that is described in the NY Times, the Berlin conference showcased the continued sparring between the EU and the U.S. on the adequacy of U.S. privacy laws and also provided a comprehensive update on data protection developments worldwide. The topics for the day began with the proposed EU data protection regulation and ended with U.S. privacy and security enforcement, with numerous developments in other countries sandwiched in between.

Posted in International/EU Privacy

European Parliament Committee Releases Proposed Amendments to Data Protection Regulation

Jan Albrecht, the rapporteur for the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, released a draft report last month with key proposals to amend the European Commission’s proposed Regulation on data protection. The report includes a total of 350 amendments to the original proposal.  Highlights of the 215-page report include the following:

Posted in International/EU Privacy

Right to be Forgotten Can’t be Enforced on the Internet, says European Security Agency

Europe’s Network and Information Security Agency, ENISA, released on November 20, 2012 its report on the technical aspects of the right to be forgotten. ENISA first points out that any technical solutions for the right to be forgotten would require an unambiguous definition of the personal data that is covered by the right to be [...]

Posted in Consumer Privacy, Cybersecurity & Data Breaches, International/EU Privacy, News & Events

Right To Be Forgotten and Data Security Featured in Research Conference on Communication, Information and Internet Policy

On September 22, scholars gathered at George Mason University to present research papers on the right to be forgotten, HTTPS security, accessing data in the cloud, and “option value” as applied to privacy choices. This blog entry summarizes the program and links to the insightful papers.

Posted in International/EU Privacy

Article 29 Working Party issues critical opinion of the Commission’s new proposed data protection framework

The Article 29 Working Party released on March 29, 2012 its opinion on the European Commission’s proposed new data protection Regulation and Directive (WP191 – Opinion 01/2012 on the data protection reform proposals). The Working Party expresses strong reservations about the proposed Directive on data processing for police and criminal justice matters, criticizing the Commission’s [...]

Posted in International/EU Privacy

London Privacy Workshop Seeks Input for UK Consultation

Hogan Lovells partners Quentin Archer, Roger Tym and Winston Maxwell hosted a London workshop on February 29, 2012 aimed at collecting comments for the UK Ministry of Justice’s public consultation on the proposed EU privacy Regulation. Workshop participants commented on the right to be forgotten, data portability, the accountability principle, data breach notifications, proposed requirements for consent, fining powers, and the “one-stop-shop” principle.

Posted in International/EU Privacy

New Article by Hogan Lovells Partner Examines Proposed EU Regulation

We are pleased to provide an English language translation of Paris Office Partner Winston Maxwell’s article examining the European Commission’s proposed regulation on data protection, focusing on the Commission’s choice of a regulation as opposed to a directive, and the new obligations that will be imposed on companies, including the accountability principle, privacy by design and the obligation to conduct privacy impact assessments (PIA) for certain kinds of processing. The article describes the proposed changes to the rules on applicable law, which are designed to bring certain non-European websites within the scope of European privacy rules, the proposed “right to be forgotten” and right to data portability.

Posted in International/EU Privacy

European Commission Releases Official Draft of Groundbreaking Data Protection Regulation

The European Commission today published its proposal for a new Data Protection Regulation. The Regulation, which is not likely to come into force before 2014, is intended to harmonise data protection law in all 27 EU Member States and thus remove current differences which have proved problematic for business and individuals.

Posted in International/EU Privacy

Announcement from European Commission on Comprehensive Data Protection Reform Coming Wednesday

Despite rumors of delay, the formal announcement of a proposed comprehensive reform of the data protection framework in the European Union is now set for this Wednesday, January 25 at 12:30 CET (6:30 AM EST). This blog entry contains a link to the videostream of the announcement, as well as a synopsis and link to a video of a speech on Saturday by EU Justice Vice-President Viviene Reding. The Commission’s Data Privacy Day video on personal responsibility to protect privacy also is linked to.

Posted in International/EU Privacy

Details of EU Data Protection Reform Reveal Dramatic Proposed Changes

Although the European Commission was expected to release its overhaul of the 1995 Data Protection Directive (95/46/EC) next month, some of the details of those changes emerged earlier than expected this week. In this post, we summarize the many key changes between the Data Protection Directive and the Commission’s draft Data Protection Regulation.

Posted in International/EU Privacy

Looking Back at the eG8

In a recent article Christopher Wolf looks back at the e-G8 conference and pleads for better transatlantic cooperation on privacy matters, explaining the tension between U.S. First Amendment traditions, and certain European proposals including the right to be forgotten.

Posted in International/EU Privacy

French Parliamentary Commission Recommends Privacy Law Reform Citing Testimony of Hogan Lovells Privacy Lawyer

After a year of hearings, including meetings in Washington with the FTC and DOJ, a French parliamentary commission released its findings on the protection of individual rights in the digital revolution. The 384-page report from the French National Assembly contains recommendations on cloud-computing, privacy by design, and EU privacy law reform.