Article 29 Group
This author's articles
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15 April 2008
In this Opinion the Working Party identifies a clear set of responsibilities under the Data Protection Directive (95/46/EC) for search engine providers as controllers of user data. As providers of content data (i.e. the index of search results), European data protection law also applies to search engines in specific situations, for example if they offer a caching service or specialise in building profiles of individuals. The primary objective throughout the Opinion is to strike a balance between the legitimate business needs of the search engine providers and the protection of the personal data of internet users.
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9 May 2006
This comparative report gives brief examples of enforcement measures against breaches of data privacy protection rules in the member states. It shows high levels of variability in terms of penalties (ie minimal fines as in Germany and stiffer penalties elsewhere). Financial penalties are often so low as a percentage of the gain made by the infringer that they are not a deterrent. The compensation to the ‘victim’ can often be trivial and meaningless. There is also variance in what member states focus on when looking into enforcement, The most common areas are health, insurance, tax and payment of telephone bills. The UK looked at police data.