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

The article comments the “right to be forgotten decision” of the European Court of Justice  (Case C 131-12)

In particular, in light of decision, the article discuss the following points:

-whether the “activity of a search engine properly classified as “processing of personal data” and whether “the operator of the search engine [ is] thus a “controller” with respect to that processing

– whether a “Data Protection Authority [can] require a search engine to remove personal data from its search results” (considering also the case in which “the information has been lawfully published” and is kept on the Web page from which it originates”)

– whether “data subject [can] request that the search engine delete data from its index, even though the information in question has been lawfully published”

The article also discuss the effect of the ECJ decision for “businesses outside the European Union”* and future change in privacy law.

The text is available at: http://ehoganlovells…


* on this point, see also “Allyson Haynes Stuart, What does Google Spain mean for US Citizens?”here