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This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today’s world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.
Jones offers insight into the digital debate over data ownership, permanence and policy by breaking down the argument over the controversial right to be forgotten--which would create a legal duty to delete, hide, or anonymize information at the request of another user. She provides guidance for a way forward. arguing that the existing perspectives are too limited, offering easy forgetting or none at all. By looking at new theories of privacy and organizing the many potential applications of the right, law and technology, Jones offers a set of nuanced choices. To help us choose, she provides a digital information life cycle, reflects on particular legal cultures, and analyzes international interoperability. In the end, the author claims that the right to be forgotten can be innovative, liberating, and globally viable. --Adapted from publisher description.
This edited volume documents the current reflections on the 'Right to be Forgotten' and the interplay between the value of memory and citizen rights about memory. It provides a comprehensive analysis of problems associated with persistence of memory, the definition of identities (legal and social) and the issues arising for data management.
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
The human race now creates, distributes and stores more information than at any other time in history. Frictionless and cheap digital networks circulate information in ways which either authors or subjects are unable to trace or control. Servers store data which can be found on the world wide web years after it has ceased to be accurate or relevant to its original use. These developments have given rise to a movement promoting a 'right to be forgotten': an argument that freedom of expression should be balanced by a right to erase information which affects an individual, under certain conditions. Rights to privacy therefore need extending and strengthening in the digital era. This strand of thinking influenced a significant judgement delivered by the European Court of Justice in May 2014. As a result, the dominant internet search engine in Europe, Google, has been required to remove links to hundreds of thousands of pieces of information on application from individuals who considered their interests harmed. We know very little of how these delinking choices are made.This book looks at the implications of this controversial decision for free expression, journalism and information in the digital public sphere. Two rights-free speech and privacy-collide in a new way in age of information saturation. Is the judgement a threat to freedom of information and the accuracy of the historical record or the first step in establishing essential new rights in the digital era.
"This book analyzes the latest advancements and developments in personal data protection in the European Union"--
In Google v. Spain, the Court of Justice of the European Union extended the fundamental right for privacy protection, concluding that search companies, in some circumstances, could be required to remove links to private facts. The decision provoked widespread discussion but one of the key voices was often not present. "The Right to be Forgotten on the Internet: Google v. Spain," authored by the former Spanish Data Protection Commissioner and now available in English for the first time, charts the history of the case and describes the key arguments underlying this landmark decision. Artemi Rallo details the earlier disputes before the Spanish Data Protection Agency, the Google v. Spain decision itself, European scholarship and related legislation, as well as significant precedents from European, American, and international courts. Rallo, who is also a Constitutional law professor, provides a thoughtful, detailed account of one of the most significant privacy cases of the modern age.
Longlisted for the 2022 Inner Temple Main Book Prize The Right to be Forgotten is one of the most publicised areas of the GDPR and has received massive worldwide publicity following judicial and legal developments in Europe. Individual data regulators have increased powers and importance in dealing with RtbF rights for individuals, and it is more important than ever for them to be up to date. The new, second edition, is fully updated to include: - the increasing importance of the role of RtbF in relation to media content (newspapers and television media in particular). - the evolving jurisprudence in terms of RtbF generally, especially in light of increased understanding of the GDPR RtbF and the landmark Google Spain RtbF case. - the recent Google France case. - the potential for group actions, class actions, and litigation funding, in relation to RtbF issues