Posts Under: EU

Google Takes a Sensible Step on Right to Be Forgotten

Google recently informed European data protection authorities (DPAs) that, in addition to removing search results from all European domains of Google Search, Google would soon begin using geo-location technology to additionally restrict access to search results that have been delisted in response to European privacy requests.  This is a sensible step to allay DPA concerns about the balance of a right to privacy and freedom of information and should satisfy those in Europe calling for full global removals without impeding access to information outside of Europe. Of course, the right to be forgotten is a terrible idea – at least in the form in which the European Court of Justice imposed it on European search engines in May 2014.  That decision instructed search engines not to return results derived from a search on a person’s name when the data “appear to be inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which the ...

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Intellectual Property Roundup

Senate Judiciary to markup trade secrets, Judicial Redress Bills (Politico Pro) The Senate Judiciary Committee scheduled the Defend Trade Secrets Act and the Judicial Redress Act on its agenda for markup this week.  This bill would give companies the means to go after trade secret thieves in federal court.

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DIGITALEUROPE, ECIPE, and SIIA Host Brussels Workshop On: The Importance of Complementary Policy for ICT in the EU

On December 4, 2015 DIGITALEUROPE hosted a workshop with the European Center for International Political (ECIPE) and SIIA on a recent ECIPE report written by Erik van der Marel.  Van der Marel explains the importance of “complementary policy” in unleashing greater productivity growth resulting from the use of Information and Communications Technology (ICT) in the EU.  By complementary policy, ECIPE means especially trade freedom, product market regulations, non-resident patent filings, general property rights protection, the strength of legal rights in general, R&D spending (particularly from abroad), and a number of other factors.  The special importance of trade openness (including data flows), investment openness (R&D investments and patent applications financed from abroad), and intellectual property rights (IPRs) is no surprise to SIIA.  Policymakers should review Van der Marel’s document carefully.

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European Court of Justice’s Decision on the Schrems Case is a Blow to Transatlantic Data Flows

Yesterday, the European Court of Justice (ECJ) handed down its decision on the Schrems Case, a lawsuit against Facebook regarding data privacy.  The court’s decision determined that the U.S. – EU Safe Harbor Agreement is invalid.  This decision will create legal uncertainty for over 4,400 companies in the Safe Harbor as they may no longer use the Safe Harbor as a basis for transferring data between the United States and the European Union.  Upon news of the decision, SIIA issued its comments to voice deep concern about its effects on data flows and digital trade.

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European Court of Justice’s Decision on the Schrems Case is a Blow to Transatlantic Data Flows

Yesterday, the European Court of Justice (ECJ) handed down its decision on the Schrems Case, a lawsuit against Facebook regarding data privacy.  The court’s decision determined that the U.S. – EU Safe Harbor Agreement is invalid.  This decision will create legal uncertainty for over 4,400 companies in the Safe Harbor as they may no longer use the Safe Harbor as a basis for transferring data between the United States and the European Union.  Upon news of the decision, SIIA issued its comments to voice deep concern about its effects on data flows and digital trade.

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Advisory Council Report on Right To Be Forgotten Gets It Right

On February 6, 2015, the Advisory Council to Google on the Right to be Forgotten released its report.  Convened to advise Google on how to implement the European Court of Justice’s right to be forgotten decision from May 2014, the Council’s independent members recommended that search engines maintain limited transparency of their delisting decisions and restrict deletions to European search engines.

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SIIA Welcomes Intelligence Reform Update and Encourages More Progress on Judicial Redress for EU Citizens

Assistant to the President for Homeland Security and Counterterrorism Lisa Monaco announced on February 3 an update prepared by the Office of the Director of National Intelligence on signals intelligence reform.  This is part of an effort to improve protections for privacy and civil liberties in U.S. surveillance activities.  The basis for these reforms is contained in Presidential Policy Directive-28, which President Obama signed on January 17, 2014.  President Obama delivered a speech on that day on surveillance.

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Should the Right to be Forgotten be Secret and Global?

Implementing the right to be forgotten was never going to be easy as earlier blogs in this series have pointed out.  But recent press reports show how tricking this implementing is going to be, revealing suggestions that search engines should take down the links globally and keep their actions secret.  Both of these ideas would be missteps.

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