The Right to be Forgotten: Grappling with Practicalities (Part 2)

Claire Overman and Andrew Wheelhouse - 21st January 2016

In the last post we charted the development of the regulatory environment following the advent of the so-called ‘right to be forgotten’ (RTBF) following the landmark Costeja judgment. In this post we consider some of the practical problems that the judgment has generated. What is the required geographical extent of de-listing? Can the right be implemented […]

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The Right to be Forgotten: European Reactions (Part 1)

Claire Overman and Andrew Wheelhouse - 20th January 2016

On 13 May 2014, the Court of Justice of the European Union (CJEU) handed down judgment in Google Spain SL and Google Inc. v AEPD and Costeja (Costeja). This case established the so-called “right to be forgotten” (RTBF) whereby a data subject may ask the operator of a search engine to remove information relating to […]

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Defending Privacy on a Global Scale: The Task of the Century

Aldo Macedo - 19th December 2015

Ever since Edward Snowden revealed the existence of the United States’ and other governments’ massive and indiscriminate citizen surveillance system, various actors and organizations have attempted to document, discuss and regulate surveillance practices. One such attempt has been the proposal of an International Treaty on the Right to Privacy, Protection Against Improper Surveillance, and Protection […]

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The Draft Investigatory Powers Bill: A (Somewhat) Different Balance Between Privacy and Security

Andrew Wheelhouse - 25th November 2015

Recently it seems as though you can hardly get away from government mass surveillance programs (no pun intended). They even make an appearance in the latest James Bond film (as sinister tools of the ‘New World Order’, naturally). The latest event, long anticipated following Digital Rights Ireland and R(Davis), has been the unveiling of the […]

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Your Facebook Data Just Got a Lot More Secure- Dissecting the Safe Harbor Decision of the CJEU

Kanad Bagchi - 26th October 2015

For fifteen years companies on both sides of the Atlantic relied on Commission Decision 2000/520 (“Commission Decision”) to transfer personal data of EU citizens to USA data centres, until the Court of Justice of the European Union (CJEU) struck it down on 6th October 2015 as violating both EU Directive 95/46/EC (“data protection directive”) and […]

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R (Davis): Rights in Communications Data and Constitutional Evolution

Andrew Wheelhouse - 29th July 2015

Much ink has been spilt of late over the mass surveillance programs run by western intelligence agencies. A separate, but related, matter of concern for privacy campaigners has been legislation permitting the government to order the retention of communications data by service providers. Following a successful legal challenge, British constitutional law enthusiasts were treated recently […]

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The ‘Anderson Report’ on Surveillance Powers Fudges the Issues, but its Findings Should be Implemented

Andrew Wheelhouse - 26th June 2015

Pressure on the government to reform the use of surveillance powers within the UK has recently ratcheted up another notch. A few months ago the Intelligence and Security Committee of Parliament (ISC) and the Interception of Communications Commissioner’s Office (ICCO), published reports criticising aspects of the surveillance system. Now David Anderson QC, the Independent Reviewer […]

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Pakistan’s New Cyber Law Puts Civil Liberties and Freedom of Expression in Danger

Nauman Asghar - 1st May 2015

On April 16, in Pakistan, the National Assembly Standing Committee on Information and Technology approved the Prevention of Electronic Crimes Bill 2015. Procedural safeguards and fundamental principles of law have been blatantly disregarded when drafting this cyber law, raising serious concerns over civil liberties, particularly the right to privacy and freedom of expression. The bill […]

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Tentative Reform of State Surveillance Powers in the UK

Andrew Wheelhouse - 14th April 2015

Rumblings of discontent have been heard from the supervisory bodies that are entrusted with providing oversight of surveillance operations by UK intelligence agencies. While these demonstrate that the security services do not get everything their own way, the proposals made will likely amount to little more than a tweaking of current extensive surveillance powers. Observers […]

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Privacy, Data Protection and Police Records

Andrew Wheelhouse - 7th April 2015

Can the retention of records by the police relating to acts that occurred in public be contrary to the right to privacy? Such a matter was recently considered by the UK Supreme Court in R (Catt and T) v Commissioner of Police of the Metropolis [2015] UKSC 9.   Mr Catt is a 91 year […]

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