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Wednesday, 13th August 2014

EU Data Protection Law: A ‘Right to be Forgotten’?

Source: House of Lords European Union Committee (UK)

From the Introduction:

The so-called ‘right to be forgotten’, as it is generally but misleadingly known, is a remedy available under data protection law, enabling a data subject to obtain from the data controller the erasure of links to data which the data subject regards as prejudicial to him or her. It is a right which, in the European Union, derives from the 1995 Data Protection Directive (the Directive). That Directive was given effect in the United Kingdom by the Data Protection Act 1998.

Google was founded in 1998, three years after the adoption of the Directive. In the twenty years since the Directive was negotiated, the technology in the collection, storing and availability of data has changed out of all recognition, and the Directive is now generally admitted to be in need of radical revision....

On 13 May 2014 the Grand Chamber of the Court of Justice of the European Union delivered a judgment5 interpreting Article 12 of the 1995 Directive, as it applies to data on the web accessible through a search engine. This judgment is having far-reaching consequences.

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Having begun his career in academic libraries, Adrian Janes has subsequently worked extensively in public libraries, chiefly in enquiry work as an Information Services librarian. In this role he has had particular responsibility for information from both the UK Government and the European Union. He wrote a detailed report on sources for the latter which was published by FreePint in 2007, and has contributed articles to FreePint and ResourceShelf. He is involved in training in information literacy and the use of online reference resources.

A Contributing Editor to DocuTicker, he also write reviews for Pennyblackmusic.

Adrian can be reached at adrian.janes@freepint.com

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