The Right to Be Forgotten More Than a Pandora’s Box?

Recently, political voices have stressed the need to introduce a right to be forgotten as new human right. Individuals should have the right to make potentially damaging information disappear after a certain time has elapsed. Such new right, however, can come in conflict with the principle of free speech. Therefore, its scope needs to be evaluated in the light of appropriate data protection rules. Insofar, a more user-centered approach is to be realized. “Delete” can not be a value as such, but must be balanced within a new legal framework.

The Netherlands: Darfurnica, Miffy and the right to parody!

VAR

On the Search for an Adequate Scope of the Right to Be Forgotten

During the last decades, the virtual world increasingly gained importance and in this context the enforcement of privacy rights became more and more difficult. An important emanation of this trend is the right to be forgotten enshrining the protection of the data subject’s rights over his/her “own” data. Even though the right to be forgotten has been made part of the proposal for a completely revised Data Protection Regulation and has recently been acknowledged by the Court of Justice of the European Union (“Google/Spain” decision), to date, the discussions about the right and especially its implementation with regard to the fundamental right to freedom of expression have remained rather vague and need to be examined in more depth.

Privacy as human flourishing: Could a shift towards virtue ethics strengthen privacy protection in the age of Big Data?

Privacy is commonly seen as an instrumental value in relation to negative freedom, human dignity and personal autonomy. Article 8 ECHR, protecting the right to privacy, was originally coined as a doctrine protecting the negative freedom of citizens in vertical relations, that is between citizen and state. Over the years, the Court has extended privacy protection to horizontal relations and has gradually accepted that individual autonomy is an equally important value underlying the right to privacy. However, in most of the recent cases regarding Article 8 ECHR, the Court goes beyond the protection of negative freedom and individual autonomy and instead focuses self-expression, personal development and human flourishing. Accepting this virtue ethical notion, in addition to the traditional Kantian focus on individual autonomy and human dignity, as a core value of Article 8 ECHR may prove vital for the protection of privacy in the age of Big Data.

Transformations in French Anti-Semitism?

The increase in the number of anti-Semitic acts since the start of the Second Intifada has sparked off a broad debate on the return of anti-Semitism in France. This article focuses on the question whether this anti-Semitism is still based on the alleged superiority of the Aryan race as in the time of Nazism, or if it represents the birth of a “new Judeophobia” that is more based on anti-Zionism and the polemical mixing of “Jews,” “Israelis,” and “Zionists.” One supposed effect of this transformation is that anti-Semitism is in the process of changing camps and migrating from the extreme right to the extreme left of the political arena, to the “altermondialistes,” the communists, and the “neo-Trotskyists.” The article provides answers to the following questions: Are anti-Jewish views on the increase in France today? Do these opinions correlate with negative opinions of other minorities, notably Maghrebians and Muslims? Do they tend to develop among voters and sympathizers with the extreme right or on the extreme left of the political spectrum? And how are they related to opinions concerning Zionism and the Israeli-Palestinian conflict? My evaluation of the transformations in French anti-Semitism relies on two types of data. The first is police and gendarmerie statistics published by the National Consultative Committee on Human Rights (CNCDH), which is charged with presenting the prime minister with an annual report on the struggle against racism and xenophobia in France. The other is data from surveys, notably surveys commissioned by CNCDH for its annual report and surveys conducted at the Center for Political Research (CEVIPOF) at Sciences Po (Paris Institute for Political Research). The data show that anti-Semitic opinions follow a different logic from acts, that the social, cultural, and political profile of anti-Semites remains very close to that of other types of racists, and that anti-Zionism and anti-Semitism do not overlap exactly.

Privacy in the Post-NSA Era: Time for a Fundamental Revision?

Big Brother Watch and others have filed a complaint against the United Kingdom under the European Convention on Human Rights about a violation of Article 8, the right to privacy. It regards the NSA affair and UK-based surveillance activities operated by secret services. The question is whether it will be declared admissible and, if so, whether the European Court of Human Rights will find a violation. This article discusses three possible challenges for these types of complaints and analyses whether the current privacy paradigm is still adequate in view of the development known as Big Data.

Virtues and Perils of Anonymity: Should Intermediaries Bear the Burden?

On October 10, 2013, the Chamber of the European Court of Human Rights (ECtHR) handed down a judgment (Delfi v. Estonia) condoning Estonia for a law which, as interpreted, held a news portal liable for the defamatory comments of its users. Amongst the considerations that led the Court to find no violation of freedom of expression in this particular case were, above all, the inadequacy of the automatic screening system adopted by the website and the users’ option to post their comments anonymously (i.e. without need for prior registration via email), which in the Court’s view rendered the protection conferred to the injured party via direct legal action against the authors of the comments ineffective. Drawing on the implications of this (not yet final) ruling, this paper discusses a few questions that the tension between the risk of wrongful use of information and the right to anonymity generates for the development of Internet communication, and examines the role that intermediary liability legislation can play to manage this tension.