From Notice-and-Takedown to Notice-and-Delist: Implementing Google Spain
14 Colo. Tech. L.J. 14(2), 2016, 219-258
81 Pages Posted: 7 Oct 2015 Last revised: 10 May 2017
Date Written: October 5, 2015
The Google Spain Ruling caught many by surprise. The Court of Justice of the EU unambiguously established search engines are subject to EU data protection law and need to consider requests to delist results for specific name-searches. How exactly the right should work in practice was left unanswered by the Court. Ever since, the road towards implementation has been a bumpy one. This working paper takes a step back, and looks at what can be learned from the already existing notice-and-takedown framework (both in the EU and the US). As an Annex, this working paper includes a comprehensive taxonomy of criteria to be taken into account when assessing individual delisting requests.
Keywords: Right to be Forgotten, European Union, EU, Privacy, Search Engines, Notice-and-takedown, DMCA, intermediary liability
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