You must deal with the clash between freedom of information (and expression), like in the Schwartz-case, and the right to privacy (and to be forgotten, even by agencies such as the NSA), every day.
What is your opinion on the Court of Justice of the European Union's Grand Chamber judgement in C-131/12 (Google Spain v AEPD and Mario Costeja Gonzalez)?
The court ruled that the fundamental rights to privacy and data protection should, ‘as a rule’ override ‘not only the economic interest of the operator but also the interest of the general public in finding that information’. However, in certain circumstances, there may be a preponderant interest of the general public (for instance, if the individual concerned was a public figure) .[...], this is an assessment which must be made by the national court .
One commentator (Guy Vassall-Adams
) noted that: "It appears that the court never asked itself if these large corporations can be relied on to protect the public interest in freedom of expression, taking a principled stance in response to unmeritorious complaints, as opposed to simply following the easy (and cheap) course of erasing information on request. Across the Atlantic and around the world other countries will look on us with bemusement as they read information which we are denied. This judgment is profoundly harmful to the operation of the internet and a betrayal of Europe’s great legacy in protecting freedom of expression."
Do you think the Court struck a good balance between the rights to privacy and freedom of expression? Can we expect a similar ruling by the US Supreme Court?
What is your opinion on circumventory measures such as ChillingEffects
, which Google uses in the US, and lists all DMCA-takedowns, and in which Stanford is also involved, in the context of personal data (as opposed to MP3s of copyrighted music)?
What is your opinion on the Streisand effect of such cases (everybody knows that Mario Costeja Gonzalez was at one time involved in bankruptcy proceedings, because this is in ECJ case).
Thank you for doing this interview.