Law in the Internet Society

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ClementLegrandFirstEssay 7 - 10 Jan 2017 - Main.ClementLegrand
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Right to be forgoten

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The right ot be forgoten is the quintessence of the individual's autonomy in protecting their privacy. It allows individual to object to the processing of their personal data by a data controler (i.e. any entity who determines the purposes and the means of the processing of the personal data - in other words, if Columbia University decides to automatically collect the information related to my activity on its network (means), in order to ensure security (purpose), it would qualify as "data controler" under the GDPR, should it apply-)under certain circumstances. This rights is however limited to certain circumstances.
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The right ot be forgoten is the quintessence of the individual's autonomy in protecting their privacy. It allows individual to object to the processing of their personal data by a data controler (i.e. any entity who determines the purposes and the means of the processing of the personal data - in other words, if Columbia University decides to automatically collect the information related to my activity on its network (means), in order to ensure security (purpose), it would qualify as "data controler" under the GDPR, should it apply-)under certain circumstances. Under Google v. Costeja Gonzalez, the claimant, Consteja Gonzalez, objected to the processing of its personal data by a Spanish newspaper and by Google. The claimant objected to the fact that when an internet users enterd his name in a search engine, the results showed articles dating back from 1998 mentioning him as being subject to a public auction for the recovery of unpaid social security debts. In particular the claimant insisted that the procedure had been resolved for many years and that referencing it was now irrelevant. The Spanish data protection authority in charge rejected Costeja Gonzalez complaint against the newspapers (because it found that the newspaper was processing the information lawfully and for a legitimate purpose) but it upheld the complaint against Google. Google appealed this decision in front of the Spanish courts, and the Court referred to the European Court of Justice for a preliminary ruling. The ECJ decided that Google was responsible under the European Data protection law and that it should answer to data subjects' objections to the processing of data relating to them.
 


Revision 7r7 - 10 Jan 2017 - 01:06:03 - ClementLegrand
Revision 6r6 - 09 Jan 2017 - 17:24:40 - ClementLegrand
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