Remembering and Forgetting – Protecting Privacy Rights in the Digital Age

(2015) 1(3) European Data Protection Review pp.164-177

32 Pages Posted: 7 May 2016

See all articles by Stephen Allen

Stephen Allen

Queen Mary, University of London

Date Written: October 5, 2015

Abstract

This article interrogates the nature and scope of the right to erasure through the lens of the CJEU’s decision in Google Spain/Google Inc v AEPD/González. It examines the reasoning adopted by the Advocate-General and the CJEU in this case as a means of assessing the interpretative techniques used by lawyers and decision-makers to resolve the normative conflicts that arise in privacy/expression disputes. It harnesses Koskenniemi’s work on the structure of legal argumentation for the purpose of analysing rights reasoning in the context of EU Data Protection law. It also explores the significance of the symbiotic relationship between privacy rights and expression rights with a view to providing the basis for achieving meaningful normative co-ordination in concrete cases.

Keywords: Data Protection, Privacy, EU Law, Koskenniemi, Google Spain

JEL Classification: K33, K39

Suggested Citation

Allen, Stephen, Remembering and Forgetting – Protecting Privacy Rights in the Digital Age (October 5, 2015). (2015) 1(3) European Data Protection Review pp.164-177. Available at SSRN: https://ssrn.com/abstract=2776048

Stephen Allen (Contact Author)

Queen Mary, University of London ( email )

Mile End Road
London, London E1 4NS
United Kingdom

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