ORCID Profile
0000-0003-0080-9005
Current Organisation
University of New South Wales - Randwick Campus
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In Research Link Australia (RLA), "Research Topics" refer to ANZSRC FOR and SEO codes. These topics are either sourced from ANZSRC FOR and SEO codes listed in researchers' related grants or generated by a large language model (LLM) based on their publications.
Law | Law not elsewhere classified | Human Rights Law
Expanding Knowledge in Law and Legal Studies | Law Reform | Legal Processes |
Publisher: Oxford University Press (OUP)
Date: 21-09-2022
DOI: 10.1093/IDPL/IPAC016
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3492868
Publisher: Oxford University Press (OUP)
Date: 09-06-2013
DOI: 10.1093/IDPL/IPT012
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3532991
Publisher: Cambridge University Press (CUP)
Date: 04-2020
DOI: 10.1017/AJIL.2020.5
Abstract: In Google LLC v. Commission nationale de l'informatique et des libertés (CNIL) , the Court of Justice of the European Union (CJEU or Court) held that the EU law only requires valid “right to be forgotten” de-referencing requests to be carried out by a search engine operator on search engine versions accessible in EU member states, as opposed to all versions of its search engine worldwide. While the ruling has been perceived as a “win” for Google and other interveners, such as Microsoft and the Wikimedia Foundation, who argued against worldwide de-referencing, the Court also made clear that that while the EU law does not currently require worldwide de-referencing, “it also does not prohibit such a practice” (para. 72). As a result, the CJEU found that an order by a national supervisory or judicial authority of an EU member state requiring worldwide de-referencing in accordance with its own national data protection laws would not be inconsistent with EU law where the data subject's right to privacy is adequately balanced against the right to freedom of information. By leaving the door to extraterritorial de-referencing wide open, the CJEU continues to pursue its post-Snowden hard-line stance on data privacy in a manner that is likely to transform the data privacy landscape.
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3532799
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3533004
Publisher: Hart Publishing
Date: 2020
Publisher: Elsevier BV
Date: 08-2013
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3333532
Publisher: Oxford University Press (OUP)
Date: 14-05-2013
DOI: 10.1093/IDPL/IPT008
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3516337
Publisher: Wiley
Date: 13-06-2021
Abstract: In Privacy International and Quadrature Du Net , the Grand Chamber of the CJEU ruled that the e‐Privacy Directive generally prevents bulk retention and transmission of traffic and location data, unless Member States can prove serious threats to national security. In such cases, bulk data can be retained during a strictly necessary period, subject to review by a court or independent administrative body. The judgments will impact other data retention and sharing arrangements, such as the PNR, proposed e‐Privacy Regulation and e‐Evidence package, and adequacy decisions under GDPR, including for post‐Brexit UK. The rulings suggest the CJEU's significance in national security, which has been outside of European integration, but has become a ground for political struggle between EU institutions and Member States. While Privacy International unequivocally asserts CJEU's authority in national security and is a victory for data protection, Quadrature Du Net does not oppose indiscriminate data retention in principle and is an ambivalent response to political pressure.
Publisher: Wiley
Date: 11-2018
Publisher: Elsevier BV
Date: 02-2016
Publisher: Wiley
Date: 25-02-2019
Publisher: Wiley
Date: 13-05-2020
Publisher: Edward Elgar Publishing
Date: 25-01-2019
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3514948
Publisher: Elsevier BV
Date: 02-2015
Publisher: Oxford University Press (OUP)
Date: 31-03-2015
DOI: 10.1093/IJLIT/EAV005
Publisher: Elsevier BV
Date: 02-2014
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3352329
Publisher: Oxford University Press (OUP)
Date: 08-2013
DOI: 10.1093/EJIL/CHT058
Publisher: Elsevier BV
Date: 04-2015
Location: United Kingdom of Great Britain and Northern Ireland
Location: United Kingdom of Great Britain and Northern Ireland
Start Date: 2021
End Date: 12-2024
Amount: $426,530.00
Funder: Australian Research Council
View Funded Activity