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Scientific paper - Original scientific paper
Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators
In: Regulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics.. UOC-Huygens Editorial, 2015. pp. 169-187. urn:nbn:hr:118:720072
Kunda, Ivana; Lončar Dušanović, Darja

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Kunda, I. & Lončar Dušanović, D. (2015). Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators. Regulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics. (pp. 169-187). UOC-Huygens Editorial. Retrieved from https://urn.nsk.hr/urn:nbn:hr:118:720072

Kunda, Ivana and Darja Lončar Dušanović. "Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators." Regulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics., UOC-Huygens Editorial, 2015, pp. 169-187. https://urn.nsk.hr/urn:nbn:hr:118:720072

Kunda, Ivana and Darja Lončar Dušanović. "Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators." In Regulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics., 169-187. UOC-Huygens Editorial, 2015. Accessed 2024 December 18. https://urn.nsk.hr/urn:nbn:hr:118:720072

Kunda, I. and Lončar Dušanović, D. (2015) 'Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators', Regulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics., UOC-Huygens Editorial, pp. 169-187. Available at: https://urn.nsk.hr/urn:nbn:hr:118:720072 (Accessed 18 December 2024)

Kunda I, Lončar Dušanović D. Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators. Regulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics.. UOC-Huygens Editorial; 2015. Pp. 169-187. [cited 2024 December 18] Available at: https://urn.nsk.hr/urn:nbn:hr:118:720072

I. Kunda and D. Lončar Dušanović, "Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators", Regulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics. UOC-Huygens Editorial, 2015. [Online] Available at: https://urn.nsk.hr/urn:nbn:hr:118:720072 [Accessed: 18 December 2024]

Metadata
Title (english)Certain aspects of the CJEU’s Google Spain judgment relative to lawfulness of data processing and liability of internet search engine operators
AuthorIvana Kunda
AuthorDarja Lončar Dušanović https://orcid.org/0000-0002-0604-4923
Author's institutionUniversity of Rijeka
FACULTY OF LAW
(Chair of International Law)
Scientific / art field,
discipline and subdiscipline		SOCIAL SCIENCES
Law
International Private Law
Abstract (english)
The judgment of the Court of Justice of the European Union in the case C-131/12 Google v AEPD and Gonzalez of May 2014 is important for several reasons. Not only because it prompts the right to be forgotten and liability of Internet search engine operators for content published by third parties, but also because it subjects Internet search engine operators to data protection legislation. These operators are characterised as data controllers, their activities as data processing activities, within the meaning of the Data Protection Directive 95/46/EC, while a number of issues related to applicability of Article 7(f) thereof remain unsettled. Besides departing from the Advocate General’s opinion in this case, these aspects of the judgment provoked controversy in scientific and professional circles. In this paper, authors examine reasons offered by the CJEU, in particular related to the abovementioned features of the ruling. Besides, authors focus on some other issues which seem to be insufficiently addressed in the judgment, such as the liability of Internet search engine operators and the implications on the legal scheme for Internet service providers under the E-Commerce Directive 200/31/EC. The proposition is put forward that the CJEU judgment errors in finding legal ground for Internet search engine operators’ activities in Article 7(f), due to inherent lack of possibility of Internet search engine operators to conduct ex ante balancing test. As a result, the CJEU’s finding about Internet search engine operators as data controllers is called into question. Inconsistencies may also be found in attempting to establish their liability, which is equally tied to the awareness of and control over the data. Therefore, more convergence is recommended with the scheme under the E- Commerce Directive.
Keywords (english)
Languageenglish
Publication typeScientific paper - Original scientific paper
Publication statusPublished
Peer reviewPeer review
Publication versionPublished version
Publication titleRegulating Smart Cities, Proceedings of the 11th International Conference on Internet, Law & Politics.
Numberingpp. 169-187
ISBN978-84-606-9621-6
URN:NBNurn:nbn:hr:118:720072
Publication2015
ConferenceTitle: The 11th International Conference on Internet, Law and Politics. A decade of transformation
Location: Barcelona, Spain
Start date: 2015-07-02
End date: 2015-07-03
Assembly type: Lecture
Document URLhttp://bib.irb.hr/846147
Type of resourceText
PublisherUOC-Huygens Editorial
Access conditionsOpen access
Terms of useLicence In copyright icon
Created on2022-02-03 16:27:10