News and Research articles on Data protection

Max Schrems' boomerang hits Europe

Monika Ermert, Heise, Intellectual Property Watch, VDI-Nachrichten

PUBLISHED ON: 7 Oct 2015

The Safe Harbour Agreement between the EU and the US has been under fire for years. A landmark judgement by the European Court of Justice on 6 October not only invalidates the agreement. It boomerangs back to Europe in big ways.

Data control and digital regulatory space(s): towards a new European approach

Roxana Radu, Graduate Institute of International and Development Studies
Jean-Marie Chenou, University of Lausanne
PUBLISHED ON: 30 Jun 2015 DOI: 10.14763/2015.2.370

This article examines the stance of the European Union vis-à-vis internet services company Google in two controversial instances: the ‘right to be forgotten’ and the implementation of EU competition rules.

Trust needs control

Katarzyna Szymielewicz, Panoptykon Foundation

PUBLISHED ON: 28 May 2015

Privacy means control over our personal data... and human rights lawyer Katarzyna Szymielewicz explains why this matters when it comes to the European Union General Data Protection Regulation.

Why trade is not the place for the EU to negotiate privacy

Margot Kaminski, The Ohio State University Moritz College of Law

PUBLISHED ON: 23 Jan 2015

As negotiations progress over the EU-US free-trade agreement TTIP, it is natural that somebody will propose addressing privacy differences through trade. But several features of free trade agreements make negotiating data protection in the trade regime a very bad idea for the EU.

The so-called right to be forgotten needs to be discussed a little more. Google has received 70,000 requests for takedowns of search results since the decision of the European Court of Justice in May 2014. Now the company gets support from an unexpected place: a German constitutional judge warns against potential dangers of the decision.

The European Union’s Court of Justice has ruled against Google in a case in which a Spanish citizen, backed by his national data protection authority, wanted the company to remove search links to an old local newspaper story related to his bankruptcy. Jef Ausloos argues that implications should not be too extreme, but warns of the Court’s prioritising of data subjects over internet users.