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The Breyer Case of the Court of Justice of the European Union: IP Addresses and the Personal Data Definition journal article

Frederik Zuiderveen Borgesius

European Data Protection Law Review, Volume 3 (2017), Issue 1, Page 130 - 137

Case C-582/14 Patrick Breyer v Bundesrepublik Deutschland, Court of Justice of the European Union, 19 October 2016, not yet published, ECLI:EU:C:2016:779 A dynamic IP address of a website visitor is a piece of personal data for a website publisher, if the publisher has the legal means to identify the visitor, with the help of additional information held by the visitor’s Internet access provider. Article 2(h) and Article 7(f) of the Data Protection Directive


Freedom of Expression and ‘Right to Be Forgotten’ Cases in the Netherlands After Google Spain journal article

Stefan Kulk, Frederik Zuiderveen Borgesius

European Data Protection Law Review, Volume 1 (2015), Issue 2, Page 113 - 124

Since the Google Spain judgment of the Court of Justice of the European Union, Europeans have, under certain conditions, the right to have search results for their name delisted. This paper examines how the Google Spain judgment has been applied in the Netherlands. Since the Google Spain judgment, Dutch courts have decided on two cases regarding delisting requests. In both cases, the Dutch courts considered freedom of expression aspects of delisting more thoroughly than the Court of Justice. However, the effect of the Google Spain judgment on freedom of expression is difficult to assess, as search engine operators decide about most delisting requests without disclosing much about their decisions.

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