European Data Protection Digest

“Right To Be Forgotten” Tested in Court, Questioned

ONLINE PRIVACY - EU & SPAIN

March 2, 2012

A "right to be forgotten" case was dismissed by a Spanish court last week, Deutsche Welle reports. Alfacs Vacances, which operates the Los Alfaques camping ground, had sued Google Spain to remove disturbing images that appeared atop a search engine query. The company argued the images--which stem from a gas explosion in the 1970s--have harmed its reputation. The court ruled that Google Spain, as a subsidiary, "lacked standing to be sued." Computeractive reports on a "loophole" in the "right to be forgotten" clause in the draft data protection regulations, which could pose difficulties for social networking sites. Meanwhile, UK Communications Minister Ed Vaizey said, "We need to be much clearer about what is meant by the 'right to be forgotten.'"
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