Title: The Extra-Territorial Reach of the EU's “Right to Be Forgotten”
Authors: Van Alsenoy, Brendan
Koekkoek, Marieke
Issue Date: 19-Jan-2015
Publisher: ICRI Working Paper Series
Conference: Utrecht Symposium on Extraterritoriality and data protection date:6 May 2015
Abstract: In May of this year, the Court of Justice of the European Union (CJEU) decided that individuals can – under certain conditions – obtain removal of certain search results. In November, the Article 29 Working Party issued a set of guidelines concerning the implementation of the CJEU ruling. These guidelines state that search engines must implement the ruling “on all relevant domains, including .com”. Critics argue that the approach advanced by the Working Party goes a bridge too far, imposing European values onto non-EU jurisdictions. How far should the right to be forgotten extend, geographically speaking? Should Google, upon finding that an individual’s request is justified, modify its search results globally? Or should it only modify search results shown within the EU? The aim of this paper is answer these questions, using public international law as the normative framework.
Publication status: published
KU Leuven publication type: ER
Appears in Collections:Research Unit KU Leuven Centre for IT & IP Law (CiTiP)
Leuven Centre for Global Governance Studies

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