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The rule of law online: treating data like the sale of goods: lessons for the internet from OECD and CISG and sacking Google as the regulator

journal contribution
posted on 01.10.2014, 00:00 authored by Felicity Gerry QCFelicity Gerry QC, N Berova
The decision of the Court of Justice of the European Union (“CJEU”) in the case of Google Spain SL v Agencia Española de Protección de Datos (AEPD)2 [“the Google decision”] to require Google to enforce a right to be forgotten has caused a furore and sets a dangerous precedent in internet regulation.3 It is setting up the search engine as a form of Internet Government and fracturing the balance between privacy and freedom of information in the connected world. In a world where we have become attuned to full exposure by routinely signing over access to information, privacy is no longer the issue – the real concern is control. This paper seeks to address the issues of whether we have a right to privacy anymore, who should be making decisions about what is available and where and how a global convention on access to information might be achieved

History

Journal

Computer Law & Security Review

Volume

30

Issue

5

Pagination

465 - 481

Publisher

Elsevier Advanced Technology

Location

Kidlington, Eng.

ISSN

0267-3649

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal; C Journal article

Copyright notice

2014, Felicity Gerry QC & Nadya Berova