Peer-to-Peer Privacy Violations and ISP Liability: Privacy Violations in the User-Generated Web

Oxford Journals: International Data Privacy Law, Forthcoming

24 Pages Posted: 30 Sep 2011 Last revised: 11 Mar 2014

See all articles by Mario Viola de Azevedo Cunha

Mario Viola de Azevedo Cunha

Centre for Media Pluralism and Media Freedom of the European University Institute

Luisa Marin

University of Insubria - Department of Economics; European University Institute

Giovanni Sartor

European University Institute Law Department

Date Written: July 30, 2011

Abstract

Since the adoption of the e-Commerce Directive, web hosting has dramatically changed. User-generated content is usually uploaded into platforms that facilitate and support users in preparing content and making it available. Such platforms are run in most cases by commercial companies who make profit by associating advertisements to user-generated materials. We shall address the legal framework applicable to ISPs managing platforms for user-generated contents. Can they be viewed as mere host providers, even though their activities include not only distributing content, but also indexing it and linking it to advertisements? As usergenerated-content often concerns third parties, we shall consider whether liability exemptions for ISPs are applicable to data protection violations regarding third parties’ information uploaded by users. We shall address this issue through a comparative analysis of cases, taking into account decisions of the European Court of Justice (ECJ) and of the European Courts of Human Rights (ECtHR), the case law of some EU member states (in particular France and the Netherlands), as well as opinions of national data protection authorities.

Keywords: Peer-to-peer, user-generated content, data protection, ISP liability

Suggested Citation

Viola de Azevedo Cunha, Mario and Marin, Luisa and Sartor, Giovanni, Peer-to-Peer Privacy Violations and ISP Liability: Privacy Violations in the User-Generated Web (July 30, 2011). Oxford Journals: International Data Privacy Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1935985 or http://dx.doi.org/10.2139/ssrn.1935985

Mario Viola de Azevedo Cunha (Contact Author)

Centre for Media Pluralism and Media Freedom of the European University Institute ( email )

Villa Schifanoia
Via Boccaccio 121
Firenze (Florence), 50133
Italy

Luisa Marin

University of Insubria - Department of Economics ( email )

Via Monte Generoso 71
Varese, 21 100
Italy

European University Institute ( email )

Villa Salviati
156 Via Bolognese
Firenze (Florence), Tuscany 50139
Italy

Giovanni Sartor

European University Institute Law Department ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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