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

EUI Department of Law Working Papers No. 2011/011

30 Pages Posted: 3 Nov 2011

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 Twente - School of Behavioural, Management and Social Sciences

Giovanni Sartor

European University Institute Law Department

Date Written: August 1, 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 with user-generated materials. This paper will address the issue of the legal framework applicable to the ISPs managing platforms for user-generated contents. Can they be considered as mere host providers, even though their activities include not only distributing user-generated content, but also indexing it and linking it to advertising? As user-generated-contents often concern third parties, the paper tackles the question whether liability exemptions are applicable also to data protection violations regarding third parties’ information uploaded by users. This issue is addressed through a comparative analysis of cases on liability of providers of user generated content, in particular with regard to data protection violations. We will take into account ECJ’s decisions, EU and non-EU states’ case law, as well as opinions of the national data protection authorities.

Suggested Citation

Viola de Azevedo Cunha, Mario and Marin, Luisa and Sartor, Giovanni, Peer-to-Peer Privacy Violations and ISP Liability: Data Protection in the User-Generated Web (August 1, 2011). EUI Department of Law Working Papers No. 2011/011. Available at SSRN: https://ssrn.com/abstract=1953904 or http://dx.doi.org/10.2139/ssrn.1953904

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 Twente - School of Behavioural, Management and Social Sciences ( email )

Postbus 217
Enschede, The Netherlands, 7500AE
Netherlands

HOME PAGE: http://https://www.utwente.nl/bms/pa/staff/marin/

Giovanni Sartor

European University Institute Law Department ( email )

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

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