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For many years since the European Data Protection Directive was implemented across Europe in 1998, data privacy was seen as an issue that mainly concerned what companies did with personal data behind the scenes. However, since the famous “Right To Be Forgotten” Spanish case of Costeja v Google, much of the focus has shifted to the impact of data privacy laws in relation to media content published online. Google was found to be subject to European data privacy law and since then European claimant lawyers and reputation managers have been using data privacy laws to secure the removal of content on the internet. This is in stark contrast to US laws which provide strong protection for internet intermediaries through s.230 of the CDA.
As companies such as Google, Facebook and Twitter are increasingly the conduits that deliver our news, especially to mobile, a debate is raging in Europe and beyond as to whether a correct balance has been struck between free speech and the ability of internet intermediaries to innovate on the one hand and the right of individuals to protect their privacy and reputations on the other hand.
Ashley Hurst and Emily Jones from Osborne Clarke will be discussing how the GDPR, due to be implemented in May 2018, will impact this debate and the impact of Brexit for the UK and the rest of Europe.
Ashley Hurst, Partner specialising in Media and Internet Disputes team at Osborne Clarke
Emily Jones: Partner specialising in the data privacy and technology and Head of the Silicon Valley office at Osborne Clarke