The decision of the Court of Justice of the European Union (“CJEU”) in the case of Google Spain SL v Agencia Española de Protección de Datos (AEPD) [“the Google decision”] to require Google to enforce a right to be forgotten has caused a furore and sets a dangerous precedent in internet regulation. It is setting up the search engine as a form of Internet Government and fracturing the balance between privacy and freedom of information in the connected world. In a world where we have become attuned to full exposure by routinely signing over access to information, privacy is no longer the issue – the real concern is control. This paper seeks to address the issues of whether we have a right to privacy anymore, who should be making decisions about what is available and where and how a global convention on access to information might be achieved.
Harrison, F., & Berova, N. (2014). The rule of law online: Treating data like the sale of goods: Lessons for the internet from OECD and CISG and sacking Google as the regulator. Computer Law and Security Review, 30(5), 465-481. https://doi.org/10.1016/j.clsr.2014.07.005