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European Union Data Privacy Law Developments, W. Gregory Voss
European Union Data Privacy Law Developments, W. Gregory Voss
W. Gregory Voss
This article explores recent developments in European Union data privacy and data protection law, through an analysis of European Union advisory guidance, independent administrative agency enforcement action, case law, and legislative reform in the areas of digital technologies, the internet, telecommunications and personal data. In the first case, Article 29 Working Party guidance on anonymization techniques – so important in the field of big data – is discussed and distinguished from pseudonymization. Next, Google privacy policy enforcement action by various EU Member State data protection agencies (inter alia, France, Germany, Italy, the Netherlands and Spain) is chronicled, with lessons being …
Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale
Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale
Frank A. Pasquale
Should search engines be subject to the types of regulation now applied to personal data collectors, cable networks, or phone books? In this article, we make the case for some regulation of the ability of search engines to manipulate and structure their results. We demonstrate that the First Amendment, properly understood, does not prohibit such regulation. Nor will such interventions inevitably lead to the disclosure of important trade secrets. After setting forth normative foundations for evaluating search engine manipulation, we explain how neither market discipline nor technological advance is likely to stop it. Though savvy users and personalized search may …