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IRIS 2019-10:1/15 [FR] Invasion of an executive’s privacy in television reporting legitimated by the right to information

In 2016, during its “Envoyé Spécial” programme, France Télévisions broadcast a report on the crisis in milk production entitled “Sérieusement?! Lactalis: le beurre et l’argent du beurre” (“Really?! Lactalis – having its cake and eating it”). The CEO of Lactalis claimed that a sequence in the report mentioned the name of his holiday home, giving its exact location and showing aerial views of the property. Invoking invasion of privacy, he brought a claim against France Télévisions on the basis of Article 8 of the European Convention on Human Rights and Article 9 of the French Civil Code, seeking...

IRIS 2019-10:1/14 [FR] Will there be a follow-up to Conseil d'Etat proposals for promoting access to audiovisual sports programmes?

With view to preparing for the 2024 Olympic Games, the Conseil d'État, in its annual report entitled ‘Le sport, quelle politique publique?’ (public policy on sport), makes twenty-one proposals for drawing up a more decisive and ambitious policy on sport, focusing on three priority areas: bringing together public stakeholders and associations, making access to sport more democratic, and regulating the sport economy. On this last point in particular, the Conseil d'État recalls that the broadcasting of sports events is a central feature of the funding of sport and a key issue for the audiovisual sector....

IRIS 2019-10:1/5 Court of Justice of the European Union: Search engines must accede to requests for the de-referencing of certain sensitive data

In its judgment of 24 September 2019, the Court of Justice of the European Union (“CJEU”) extended the prohibition to process special categories of personal data under EU data protection legislation to search engine operators acting as controllers. Building on its previous decision in Google Spain (see IRIS 2014-6/3), the CJEU ruled that operators of search engines are, in principle, required to accede to de-referencing requests regarding links to websites displaying sensitive data (for example, information related to religious or philosophical beliefs, sex life, criminal convictions, etc.), subject...

IRIS 2019-10:1/4 Court of Justice of the European Union: Territorial scope of the “right to erasure” limited to the EU

On 24 September 2019, the Court of Justice of the European Union (CJEU) delivered its judgment in the case of Google v. CNIL. The case builds on the Google Spain decision, in which the CJEU recognised search engine operators’ obligation to remove certain links upon request (see IRIS 2014-6/3). In the present case, the CJEU clarified the territorial scope of this obligation. Specifically, the CJEU held that EU law does not require search engine operators to remove links from all domain name extensions when granting an “erasure request”. The case concerned a dispute between Google and the French...

IRIS 2019-9:1/17 [FR] Google has no intention of paying neighbouring rights to French press publishers

Taking note of the entry into force on 25 October this year of the Act of 24 July 2019 allocating a “neighbouring right” to press publishers and agencies when their content is taken up on on-line platforms and other aggregators, Google announced its intention to “make changes in the way news-related search results are displayed”. It should be recalled that although France is the first country to have transposed Article 15 of the new Copyright Directive, other countries should also be falling into line. Under the new Act, the search engine’s use of article excerpts (‘snippets’) may be negotiated...