The European Ruling on the Right to Be Forgotten and Its Extra-EU Implementation

45 Pages Posted: 15 Dec 2015

See all articles by Elena Perotti

Elena Perotti

World Association of Newspapers and News Publishers (WAN-IFRA)

Date Written: December 14, 2015

Abstract

The decision rendered by the Court of Justice of the European Union in May 2014, known as the ‘Ruling’ that established a ‘Right to be Forgotten’, had the merit of bringing to global attention the importance of safeguards for the human right of privacy. In this paper I analyse in detail the specificities of the judgment, and subsequently investigate its extraterritorial implementation. A chapter is dedicated to the principles that traditionally enabled the extraterritorial enforceability of law, as well as their application in the EU Privacy Directive and in the CJEU Ruling. I conclude by proposing certain reflections on the aftermath of the ‘Decision’, which could constitute the starting point of a process that brings the protection of privacy forward into the new millennium.

Keywords: data protection, extra-territoriality, international jurisdiction, privacy, public international law, right to be forgotten, newspapers

JEL Classification: K33

Suggested Citation

Perotti, Elena, The European Ruling on the Right to Be Forgotten and Its Extra-EU Implementation (December 14, 2015). Available at SSRN: https://ssrn.com/abstract=2703325 or http://dx.doi.org/10.2139/ssrn.2703325

Elena Perotti (Contact Author)

World Association of Newspapers and News Publishers (WAN-IFRA) ( email )

Rotfeder-Ring 11
Frankfurt, 60327
Germany

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