Reply to post: sui generis?

California Uber Alles: Google wants to become the World Privacy Court

The JP

sui generis?

I'd say the public interest test is probably sui generis.

The standard art.8 v art.10 balancing act requires equal weight to be given to both rights. I don't see how that could be applied here given the CJEU's clear instruction that, as a general rule, privacy trumps freedom of speech when it comes to search results.

The old English cases on equitable duties of confidence are neither here not there....

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