The wait is finally over: yesterday the UK and the Netherlands voted for their next batch of MEPs and the rest of Europe will gradually follow today and this weekend. The composition of the next European Parliament should be known on Sunday evening. Beyond the usual questions of a left or right-leaning Parliament, the future Parliament’s focus on digital issues is another important question to consider: recent developments remind us that much still needs to be done to educate EU policymakers.
The Right to be Forgotten
The European Court of Justice (ECJ) ruled on 13 May that EU citizens can ask Google and other search engines operators to remove links to webpages in which their (outdated, inadequate or irrelevant) personal data appears, backing the so-called ‘right to be forgotten’ on the Internet, which has been promoted by Justice Commissioner Viviane Reding and the European Parliament.
The timing and interpretation given by the Court beg the question as to whether the ECJ has over-reached its prerogative, but beyond such questions, the Decision highlights questions about the kind of Internet we want to have. Although the Court sketched out exceptions for politicians, information that is in the public interest and data kept for historical purposes, the interaction between the right to be forgotten and the right to freedom of expression will fuel further debate. Even if personal history is still accessible on the web, since the Court isn't requiring websites to delete information, it will make it harder for people to access a whole range of information, like bankruptcies or criminal history, that are rightfully matters of public record.
More worryingly, the Court effectively puts that decision in Google’s hands, which will need to balance personal privacy against the public interest on a case by case basis and without clear guidelines: a questionable move that may see Google err on the side of censorship to avoid facing judicial action and fines from national Courts.
Safe Harbour
Another policy development relevant to the EU’s digital economy is the review of the Safe Harbour programme and what it means for EU-US data flows. Although the European Parliament has called for the programme’s suspension, the Commission instead published a set of Recommendations on how to improve it, which is currently being reviewed by US authorities. Should the Commission decide that the US has not identified adequate remedies by this summer, it may very well decide to suspend the Agreement; a decision that many fear could be extended to other mechanisms for EU-US data transfers, thereby severely hampering the free flow of data across the Atlantic.
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Several rounds of negotiations between the Commission and US authorities have been held since – the latest of which this week. After dealing with the ‘easy’ recommendations during previous rounds, negotiators are now facing the tough issues, including those pertaining directly to national security. Both sides are, however, still working towards a summer deadline.
The Commission’s declarations about suspending Safe Harbour are hopefully political grandstanding – considering Commissioner Reding’s mandate ends in October 2014 – rather than a serious threat. No one wants to have a huge diplomatic row with the US over Safe Harbour, especially in light of the close economic ties between the two blocs.
Mathilde Bonneau
Account Director, Brunswick Group