How To Put the “Right To Be Forgotten” Ruling Into Effect

Jeff Ausloos and Aleksandra Kuczeray, both of KU Leuven, Interdisciplinary Centre for Law and ICT, are publishing From Notice-and-Takedown to Notice-and-Delist: Implementing the Google Spain Ruling in volume 14 of the Colorado Technology Law Journal (Spring 2016). Here is the abstract.

The Google Spain Ruling caught many by surprise. The Court of Justice of the EU unambiguously established search engines are subject to EU data protection law and need to consider requests to delist results for specific name-searches. How exactly the right should work in practice was left unanswered by the Court. Ever since, the road towards implementation has been a bumpy one. This working paper takes a step back, and looks at what can be learned from the already existing notice-and-takedown framework (both in the EU and the US). As an Annex, this working paper includes a comprehensive taxonomy of criteria to be taken into account when assessing individual delisting requests.

Download the article from SSRN at the link.