While on the face of it, the fact that the right to be forgotten spat is set to swiftly return to the CJEU appears like a case of déjà vu, the judges will probably need to look at a shift in data protection law when weighing the dispute.Īlphabet-owned Google, though, isn't changing its tune. However, if the processing does cause damage or distress, this is likely to make the case for erasure stronger. Under the GDPR, this threshold is not present. Under the DPA, the right to erasure is limited to processing that causes unwarranted and substantial damage or distress. In its overview of the GDPR, the UK Information Commissioner's Office notes the following: However, by the time the CJEU rules on this freshly opened right to be forgotten wound, the General Data Protection Regulation (GDPR)-which comes into force in May next year-could be in place. AdvertisementĪt the time, the Luxembourg court cited the EU's 1995 Data Protection Directive in which it determined that Google could be considered the data "controller" because it scrapes websites to serve up search results that link to potentially sensitive content. Notably, in a rare example of the CJEU disagreeing with an earlier non-binding advocate general opinion, the court ruled in May 2014 that Google and other search engines were obliged to remove certain links from their indexes. It arguably means that judges at Europe's top court could overturn their previous ruling, having seen the effects of that decision play out in the wild. It comes after France's supreme administrative court-the Conseil d’Etat-had asked the CJEU to intervene in the fracas between Google and CNIL. On Wednesday, it was confirmed that the Court of Justice of the European Union (CJEU) will rule on whether certain links should be scrubbed from search engine results worldwide, across the EU, or on a country-by-country basis. Last year, the multinational said it would appeal against CNIL's order, which included a €100,000 fine for failing to remove certain links from its global search results. With 'Allah on their side' and justice on their mind, they have formed the Muslim Women's Rights Network, a coalition of 25 women's organisations, challenging Muslim orthodoxy as never before.Google's dispute with France's privacy watchdog over a call to apply "right to be forgotten" rules globally to some Web links will be weighed by Europe's top court-three years after it told the ad giant to comply with an order to remove old, out of date, or irrelevant listings from its powerful search index, so long as they weren't found to be in the public interest.įrench data regulator, the CNIL (Commission Nationale de l’Informatique et des Libertés), previously called on Google to globally delist certain search results, in a move that inflamed a row over the European Union's right to be forgotten landmark 2014 ruling. To other women, around streetcorners, at mohalla gatherings, during protest marches, before ulemas and maulvis, to intellectuals at seminars and activists in conferences, over interviews with the media. Breaking silences, an increasing number of Muslim women have taken to narrating them. The tales of divorce, desertion and indignity tumble over each other. Eighteen-year-old Shabana Sheikh of Mumbra near Mumbai found herself at the receiving end of talaq as a mob of male relatives cheered lustily, egging on her husband to do away with her in the middle of a busy street. Her husband discovered this "flaw" in her after she had produced three children for him. Kolhapur's Zubeida Khan was divorced because she couldn't add numbers. The Centre for Women's Development Studies came across her while surveying the Bihar district for divorced Muslim women. There is this woman in Darbhanga whose husband spat out talaq at her because she hadn't cooked liver for him one meal.
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