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
Date Written: July 30, 2011
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
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