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Privacy, Expression and the World Wide Web. Shall we Forget?

Abstract

Google v Spain is an important judgment of the Court of Justice of the European Union which has important implications for the rights of individuals’ privacy, the Court’s use of a purposive method of interpretation, the regulation of search engines based outside of the EU, the interaction between the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights of the European Union and European Convention on Human Rights, and international laws. The case establishes that operators of search engines located outside of the EU may be subject to the EU data protection laws (Directive 95/46/EC) and individuals, in certain circumstances, have the right to request that links to personal data held on-line be removed

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