The Right to be Forgotten 2nd Edition by Paul Lambert 1526521938 9781526521934

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ISBN 10: 1526521938

ISBN 13: 9781526521934

Author: Paul Lambert

The Right to be Forgotten is one of the most publicised areas of the GDPR and has received massive worldwide publicity following judicial and legal developments in Europe. Individual data regulators have increased powers and importance in dealing with RtbF rights for individuals, and it is more important than ever for them to be up to date. The new, second edition, is fully updated to include: – the increasing importance of the role of RtbF in relation to media content (newspapers and television media in particular). – the evolving jurisprudence in terms of RtbF generally, especially in light of increased understanding of the GDPR RtbF and the landmark Google Spain RtbF case. – the recent Google France case. – the potential for group actions, class actions, and litigation funding, in relation to RtbF issues

The Right to be Forgotten 2nd Table of contents:

Part A Background

Chapter 1 The Problem of Time

1 Introduction

2 The Problem of Time

3 A Whole New World

4 Two Decades Far, Far Away

5 Increasing Reach

6 Range

7 Increasing Problems

8 Real Effects

9 Tragic Effects

10 RtbF Solution

11 Increasing Adoption

12 Conclusion

Chapter 2 Big Bang

1 Introduction

2 ‘Big Bang’ Over-reaction

3 Less ‘Big Bang’, More Progress

4 On Point

5 Similarity

6 Conclusion

Chapter 3 Problems Facing Individuals

1 Introduction

2 Memory and ‘Permanence’

3 Digital Memory and Automation

4 Real Time

5 Children

6 Special Personal Data

7 Revenge Porn

8 OA Remedy and Solution Issues

9 On-Site Abuse Reporting

10 Reporting to Police

11 Image Copyright

12 On-Site TOOL Design and Assessment

13 Conclusion

Chapter 4 Online Tools

1 Introduction

2 Need for Rules and Tools

Chapter 5 Legal Backdrop

1 Introduction

2 Fundamental Right of Data Protection

3 EU Law and Data Protection Laws

4 Data Protection and Legal Instruments

5 GDPR

6 National Reference, Reaction and Adaptation of RtbF

7 Conclusion

Chapter 6 The Parties of Data Protection

1 Introduction

2 Main Parties

3 National Data Regulator

4 Courts

5 Conclusion

Chapter 7 Forgetting and Other Rights

1 Introduction

2 The RtbF Right

3 Rectification Right

4 Erasure and Forgetting Right

5 GDPR: Article 16

6 GDPR: Article 17

7 Other Complementary Rights

Chapter 8 Enhanced Regime

1 Introduction

2 Changes and Expansions

3 General Welcome

4 EU Commission

5 Main Provisions and Changes

6 Security

7 GDPR Analysis

Chapter 9 Responses

1 Introduction

2 Headline Issues Raised

3 General Reactions

4 Positive Reactions

5 Negative Reactions

6 Business Reactions

7 Sectorial Reactions

8 Reactions From the US

9 Search Engines and Social Media

10 Unintended Consequences

11 Foundation Discussions

12 Conclusion

Chapter 10 Practical Issues Facing Individuals

1 Introduction

2 Responsibility

3 Passing the Buck

4 Disparity

5 Evidence

6 Report, Report, Report

7 Us, Not Us

8 Transparency of RtbF

9 Reliability of Internet Sources

10 Internet Data Sources and Locations

11 Cloud

12 Internet of Things

13 On-Site/Off-Site

14 GDPR and Directive: Enhanced provisions

15 Problem Content

16 Accurate

17 Notification of Inaccuracy

18 Conclusion

Part B Right to be Forgotten: The Details

Chapter 11 The Right

1 Introduction

2 Right to Erasure/Right to be Forgotten (RtbF)

3 Erasure and Forgetting

4 To Whom? The Individual Data Subject

5 Erasure and Forgetting of What? Personal Data

6 Who Must Act? The Controller

7 What Must Happen? Erasure and Forgetting

8 When Must It Happen? No Delay

9 Obligation on the Controller: Erasure and Forgetting

10 Timing: No Delay

11 Conditional or Specific Right(s)

12 Different Potential Rights

13 The Specific Right(s) to be Forgotten

14 Qualifying Factors

15 Conclusion

Chapter 12 The RtbF Rights and Streams

1 Introduction

2 Different Potential Rights

3 Headline GDPR Rights and Streams

4 Different Rights to be Forgotten

5 Problem Content

6 Pre- and Post-GDPR Comparison

7 Additional Rights and Grounds

8 Conclusion: Future Rights and Grounds

Chapter 13 Additional RtbF Obligations

1 Introduction

2 Obligations

3 Factors

4 Conclusion

Chapter 14 Exemptions

1 Introduction

2 Limited Exemptions

3 Complications

4 Onus

5 Limited Interpretation

6 Certain Exception Issues

7 Charter

8 Individualised Consideration

9 Necessity

10 Freedom of Expression

11 Legal Obligation by Law or Public Interests Task or Official Authority

12 Public Health Interest

13 Archiving or Statistics

14 Legal Claims

15 Timing

Part C Official Guidance

Chapter 15 The WP 29 Guidance on Google Spain

1 Introduction

2 WP 29 Guidance Criteria List

3 Linked Activities and Takedown Links

4 Broad Judgment on Territory

5 Member State Laws and Directive

6 Responsibility Even Without EU Establishment

7 Update Guidance

8 Establishment Test and ‘Context of the Activities of an Establishment’

9 Anti-Avoidance

10 Targeting

11 ‘Inextricable Link’ Between EU and Non-EU Activities

12 Local Link to Processing Activities

13 General Application

14 Revenue Planning

15 Lesson

16 Applicable Law and Multiple EU Establishments

17 ‘Inextricable Link’ Test as New Element of ‘In the Context of the Activities’ Analysis

18 One-stop Shop

19 GDPR

20 Conclusion

Part D EU Case Examples

Chapter 16 EU Case Law Examples

1 Google Spain: The Ground-breaking RtbF Case

2 Directive 95/46: Law Pre the GDPR

3 Facts, History and Circumstances

4 Legal Context: European Union Law

5 Questions and Issues Referred

6 Ruling of Court

7 Comment on Google Spain

8 Second Google EU RtbF Case

Part E National Case Law

Chapter 17 National Case Law: United Kingdom

1 Introduction

2 Data Protection Act

3 Successful RtbF Case: NT2

4 Unsuccessful RtbF Case: NT1

5 General Principles

6 UK Spent Convictions and the 1974 Act

7 Damages

8 Article 29 Working Party Guidelines

9 GDPR

10 Misuse of Private Information

11 Convictions, Confidentiality and Privacy

12 The e-Commerce Directive and Regulations

Chapter 18 Successful UK RtbF Case – NT2

1 Introduction

2 Description

3 Main Issue

4 Abuse of Process

5 Data Protection

6 The Problem URLs

7 Inaccuracy

8 Privacy Issues

9 Overall Court Assessment

10 Misuse of Private Information

11 Remedies

12 Overall Conclusions of NT2

Chapter 19 Unsuccessful UK RtbF Case – NT1

1 Introduction

2 Description

3 Main Issues

4 Abuse

5 Inaccuracy

6 Privacy

7 Google Spain

8 The Misuse Issues

9 Damages

10 Overall Conclusions in NT1

Chapter 20 ICO and the RtbF

1 Introduction

2 Guidance

3 Children

4 Onward Notifications

5 Backups

ICO Checklists

Chapter 21 UK Law

1 Introduction

2 Changes from GDPR

3 Derogations for Research, Statistics and Archiving

4 Conclusion

Chapter 22 Post-Brexit Change

1 Introduction

2 Official Positions

3 The European Union (Withdrawal) Act 2018

4 UK GDPR

5 The NT1 & NT2 Case

6 Conclusion

Part F Additional Cases

Chapter 23 Additional Cases

1 Introduction

2 Sweden

3 France

4 Canada

5 Elsewhere

6 Conclusion

Part G Media Issues

Chapter 24 Media

1 Introduction

2 Balance

3 Problems and Solutions

4 Range of Media RtbF Issues

5 GDPR

6 Google Spain

7 WP29

8 Public Figure

9 Preponderance

10 New Digital Media and Journalism

Part H Additional Solutions: Options to Consider

Chapter 25 Potential Additional Solutions

1 Introduction

2 Right to Rectification

3 Restriction of Processing

4 Notification to Third Parties

5 Data Protection by Design and by Default

6 Data Protection Impact Assessment

7 Prior Consultation

8 Damages and Compensation

Part I Impact, Commentary and Future

Chapter 26 Conclusion: Impact and Future

1 Introduction

2 Awareness

3 Discretion

4 One Solution

5 Investigations

6 Transfers, Processors, Third Parties

7 New Risks

8 GDPR RtbF

9 Right to Rectification

10 Preventing Processing from Causing Damage or Distress

11 Compensation and Damages

12 Children

13 Data Access Rights

14 Identification Rights

15 Notification Rectification, Erasure or Restriction

16 A Rights, Protection, or Safety Issue, or All?

17 Online Abuse

18 Future and Additional RtbFs

19 Conclusion

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