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Control over Personal Data in a Digital Age: Google S pain v AEPD and Mario Costeja Gonzalez
Author(s) -
Lynskey Orla
Publication year - 2015
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12126
Subject(s) - scope (computer science) , data protection act 1998 , economic justice , control (management) , right to be forgotten , law , internet privacy , political science , business , law and economics , computer science , sociology , artificial intelligence , programming language
In the Google S pain judgment, the G rand C hamber of the EU Court of Justice determined the circumstances in which a search engine is obliged to remove links to data pertaining to an individual from the results displayed. The C ourt also considered the material and territorial scope of the EU data protection rules. This note argues that the C ourt's findings, which have been heavily criticised, are normatively coherent. The broad scope of application of data protection rules and the right of individuals to have their data deleted when certain conditions are fulfilled both play a part in granting individuals effective control over their personal data – an objective of EU data protection law.