Last month, in a bombshell decision, the European Union’s Court of Justice (“CJEU”) demanded that Google “forget” certain items. The demand resulted from a CJEU decision that individuals have a right to request that a search engine remove certain webpage links from the search results of a search including the individual’s name. The ruling is, for all intents and purposes, final.
In short, the CJEU decided that Google Inc. is subject to the EU Data Protection Directive 94/46 (“Direction”), even though its servers were located outside the EU. As a result, Google was a data processor and data controller within … Continue Reading
Big Data is the term used to describe the enormous datasets that are beyond the ability of most software to process. Statistical analysis of these giant data sets can allow the holder to predict baseball outcomes (think Moneyball), pregnancy and, apparently, the stock market.
These enormous data sets however, are made up of data pertaining to individuals and the data brokers who amass these data sets have been less than forthcoming about the personal information they hold, raising privacy concerns.
This is the conclusion of a U.S. Federal Trade Commission (“FTC”) report last week which found “data brokers … Continue Reading
On May 30, 2014, the Supreme Court of British Columbia rendered a judgment certifying a class action against Facebook Inc. (“Facebook”). In Douez v. Facebook Inc., the plaintiff alleges that Facebook used the names or portraits of Facebook users without their consent in advertisements called Sponsored Stories in breach of section 3(2) of the British Columbia’s Privacy Act which creates a statutory tort. This case, in a pre-certification stage, also dealt with the question of whether a court should decline its jurisdiction in presence of a forum selection clause or pursuant to the forum non … Continue Reading