Google Spain V AEPD And Mario Costeja González
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Google Spain V AEPD And Mario Costeja González
''Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González '' (2014) is a decision by the Court of Justice of the European Union (CJEU). It held that an Internet search engine operator is responsible for the processing that it carries out of personal information which appears on web pages published by third parties. The outcome of the ruling is that an Internet search engine must consider requests from individuals to remove links to freely accessible web pages resulting from a search on their name. Grounds for removal include cases where the search result(s) "appear to be inadequate, irrelevant or no longer relevant or excessive in the light of the time that had elapsed." If the search engine rejects the request, the individual may ask relevant authorities to consider the case. Under certain conditions, the search engine may be ordered to remove the links from search results. The decision was claimed as a so-called ''right to be forgot ...
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Google
Google LLC (, ) is an American multinational corporation and technology company focusing on online advertising, search engine technology, cloud computing, computer software, quantum computing, e-commerce, consumer electronics, and artificial intelligence (AI). It has been referred to as "the most powerful company in the world" by the BBC and is one of the world's List of most valuable brands, most valuable brands. Google's parent company, Alphabet Inc., is one of the five Big Tech companies alongside Amazon (company), Amazon, Apple Inc., Apple, Meta Platforms, Meta, and Microsoft. Google was founded on September 4, 1998, by American computer scientists Larry Page and Sergey Brin. Together, they own about 14% of its publicly listed shares and control 56% of its stockholder voting power through super-voting stock. The company went public company, public via an initial public offering (IPO) in 2004. In 2015, Google was reorganized as a wholly owned subsidiary of Alphabet Inc. Go ...
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La Vanguardia
' (; , ) is a Spanish daily newspaper founded in 1881. It is printed in Spanish and, since 3 May 2011, also in Catalan. It has its headquarters in Barcelona and is Catalonia's leading newspaper. Despite being mostly distributed in Catalonia, ' is Spain's fourth-highest circulation among general-interest newspapers, trailing only the three main Madrid-based ones – ', ' and '' ABC'' – all of which are national newspapers with offices and local editions throughout the country. The newspaper's editorial line leans to the centre of politics and is moderate in its opinions, but Francoist Spain, it followed Francoist ideology. It retains Catholic sensibilities and strong ties to the Spanish nobility through the Godó family. History and profile Beginnings On 1 February 1881 in Barcelona, two businessmen from Igualada, Carlos and Bartolomé Godó, first published the paper. It was defined as a ''Diario político de avisos y notícias'' (Political Newspaper of Announcements and ...
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European Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ...
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European Commission
The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informally known as "commissioners") corresponding to two thirds of the number of Member state of the European Union, member states, unless the European Council, acting unanimously, decides to alter this number. The current number of commissioners is 27, including the president. It includes an administrative body of about 32,000 European civil servants. The commission is divided into departments known as Directorate-General, Directorates-General (DGs) that can be likened to departments or Ministry (government department), ministries each headed by a director-general who is responsible to a commissioner. Currently, there is one member per European Union member state, member state, but members are bound by their oath of office to represent the genera ...
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Bodil Lindqvist V Åklagarkammaren I Jönköping
''Bodil Lindqvist v Åklagarkammaren i Jönköping'' (2003) is a decision by the Court of Justice of the European Communities (European Court of Justice). It held that referring to various persons on an internet page and identifying them either by name or by other means constitutes processing of personal data by automatic means within the meaning of Community law. It was the first time the Court ruled on the scope of Directive 95/46/EC ''(Data Protection Directive)'' and freedom of movement for such data on the internet. It was cited in '' Costeja'' (2014), a controversial ruling that held an internet search engine operator established in the European Union (EU) is responsible for the processing that it carries out of personal information that appears on web pages published by third parties, confirming a right of erasure widely regarded as a so-called ''right to be forgotten The right to be forgotten (RTBF) is the right to have private information about a person be removed fr ...
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Niilo Jääskinen
Niilo Jääskinen (born 16 September 1958) is a Finnish lawyer and he served as an Advocate General at the European Court of Justice from October 2009 to October 2015 and as a judge as of October 2019. Career In 1990, Jääskinen was appointed as head of the European Law Section of the Ministry of Justice in Finland. In 1995 he was appointed as Advisor and Clerk for European affairs of the Grand Committee of the Finnish Parliament. Between 2000 and 2009 and from October 2015 to October 2019 Jääskinen has served as Judge at the Supreme Administrative Court of Finland The Supreme Administrative Court of Finland (, ) is the highest court in the Finnish administrative court system, parallel to the Supreme Court of Finland. Its jurisdiction covers the legality of the decisions of government officials, and its .... In 2009, he was appointed Advocate General of the European Court of Justice and in 2019 for the remaining two years of judge Allan Rosas' mandate. In October 202 ...
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European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ...
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Subject-matter Jurisdiction
Subject-matter jurisdiction, also called jurisdiction ''ratione materiae'', is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of the case. Courts must have subject-matter jurisdiction over the particular case in order to hear it. A court is given the ability to hear a case by a foundational document, usually a Constitution. Courts are granted either general jurisdiction or limited jurisdiction, depending on their type. For example, in the US, state courts have general jurisdiction over the affairs within their state. That means, for most cases, subject-matter jurisdiction of the State court (United States), state courts covers nearly all subjects within that state, such as family law, state criminal law, state civil claims, state tort claims, etc. That power is usually vested in ...
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Directive 95/46/EC
The Data Protection Directive, officially Directive 95/46/EC, enacted in October 1995, was a European Union directive which regulated the processing of personal data within the European Union (EU) and the free movement of such data. The Data Protection Directive was an important component of EU privacy and human rights law. The principles set out in the Data Protection Directive were aimed at the protection of fundamental rights and freedoms in the processing of personal data. The General Data Protection Regulation, adopted in April 2016, superseded the Data Protection Directive and became enforceable on 25 May 2018. Context The right to privacy is a highly developed area of law in Europe. All the member states of the Council of Europe (CoE) are also signatories of the European Convention on Human Rights (ECHR). Article 8 of the ECHR provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. The European Co ...
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Hunton & Williams LLP
Hunton Andrews Kurth LLP, formerly known as Hunton & Williams LLP and commonly known as Hunton, is an American law firm. The firm adopted its current name on April 2, 2018, when it merged with Andrews Kurth Kenyon LLP. Andrews Kurth Kenyon played a pivotal role in representing Texas railroad firms in the early 1900s, and brings a prominent reputation in the global energy industry to the combined firm. They represented both the Reconstruction Finance Corporation and Federal National Mortgage Corporation as part of FDR's New Deal. Famous clients include Howard Hughes. Andrews Kurth litigated his inheritance, IRS, and Spruce Goose cases. They also oversaw the public sale of Hughes shares in TWA. The combined firm has offices in 19 cities, primarily in the United States. History Hunton & Williams (formerly Munford, Hunton, Williams and Anderson) was founded on November 1, 1901, in Richmond, Virginia, by Henry W. Anderson, Eppa Hunton Jr., Beverley B. Munford, and E. Randolp ...
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Audiencia Nacional (Spain)
The Audiencia Nacional (; ) is a high court in Spain with jurisdiction over all of the Spanish territory. It is specialised in certain kinds of crime, having original jurisdiction over major crimes such as those committed against the Crown and its members, terrorism, currency counterfeiting, credit/debit card and check fraud, certain kinds of business crime committed across regional borders, as well as drug trafficking, food and medical fraud committed on a nationwide level as well as over international crimes which come under the competence of Spanish courts.LOPJ § 65. It has also appellate jurisdiction over the cases of the Criminal Chamber of the National CourtLOPJ § 64. Most of the rulings of the National Court can ultimately be appealed before the Supreme Court. Its seat lies in Madrid, at Calle García Gutiérrez, 1, located across the Plaza Villa de Paris from the Supreme Court. The Audiencia Nacional was created in 1977 at the same time as the Court of Public Order, ...
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Spanish Data Protection Agency
The Spanish Data Protection Agency (AEPD, ) is an independent agency of the government of Spain which oversees the compliance with the legal provisions on the protection of personal data. The agency is headquartered in the city of Madrid and it extends its authority to the whole country. Apart from the AEPD, there are regional data protection agencies. These agencies have limited access to the files of public administrations because all that information remains the responsibility of the national agency. Currently there are only two regional agencies: the Catalan Data Protection Authority and the Basque Data Protection Agency. From 1995 to 2013, there was also the Data Protection Agency of the Community of Madrid. Legal basis and foundation The AEPD was established by Royal Decree 428/1993 of 26 March, as amended by Organic Act 15/1999 on the Protection of Personal Data. This amendment implemented Directive 95/46/EC. The agency was created in the context of the Spanish Con ...
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