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The rule of law online: Treating data like the sale of goods: Lessons for the internet from OECD and CISG and sacking Google as the regulator
Abstract
The decision of the Court of Justice of the European Union (“CJEU”) in the case of Google Spain SL v Agencia Española de Protección de Datos (AEPD) 2 [“the Google decision”] to require Google to enforce a right to be forgotten has caused a furore and sets a dangerous precedent in internet regulation. 3 It is setting up the search engine as a form of Internet Government and fracturing the balance between privacy and freedom of information in the connected world. In a world where we have become attuned to full exposure by routinely signing over access to information, privacy is no longer the issue – the real concern is control. This paper seeks to address the issues of whether we have a right to privacy anymore, who should be making decisions about what is available and where and how a global convention on access to information might be achieved.
Keywords
- Google Spain SL v Agencia Española de Protección de Datos (AEPD);
- Right to be forgotten;
- Internet regulation;
- Right to privacy
“The bottom line is that all of this is happening with tremendous speed. The technology is advancing so quickly we cannot hope to develop either principles or laws that give detailed protection and therefore somehow we’ve got to devise new principles of law that will lay down some broad guidelines that will not be out of date before they have been passed by reason of the technological advances that are happening so quickly … … … the old principle of privacy in law and in reality was that we wanted to keep control as citizens and as human beings on how much data we gave to different audiences; to our closest families, to our neighbours, to our community, to our nation, to our Government and to the whole world and now we are losing control of that and that’s the challenge that has to be addressed somehow or other” The Hon Michael Kirby AC CMG Defining the Sensor Society Conference 8–9 May 2014 at The University of Queensland.4
Citation: Computer Law & Security Review: The International Journal of Technology Law and Practice 30 (2014), pp. 465-481
