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According to the new judgement of the Court of Justice in Luxembourg, search engine operators (Google, Yahoo, Seznam, etc.) are no longer allowed to process sensitive data, or to link to pages where such data is processed.
Sensitive data are data that reveal sensitive information such as ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, health data and sex life. Further, the processing of data related to unlawful behaviour, criminal records, or security measures may only be carried out, with a few exceptions, under the control of a public authority. The Court points out that this prohibition applies, with some the exceptions under the EU legislation, to all administrators responsible for processing such personal data. Further, the search engine operator is also responsible for personal data published by a third party. This refers to a list of user search results within which a link to a page containing personal information may be located.
Before giving its judgement, The Court of Justice of the European Union considered the conflict between an internet user's right to freedom of information, and their right to privacy. The balance of these two rights depends on the nature of the information, and its sensitivity to person's privacy as well as on the right of free access to information. This sensitivity may differ based on a person's role in public life. But in all cases where the person’s right to privacy prevails, the search engine operator is obliged to block the link to this page.
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Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."
Jan Divíšek
Jan Divíšek
"I want to thank everyone at Holubová advokáti s.r.o. for their legal services in handling my protection of personality rights lawsuit."
Denis Krytinář, M.A.
Denis Krytinář, M.A.
"What I appreciate most about working with Holubová Advokáti is their high level of expertise, clear guidance throughout the entire process, and their human approach. My case was complex and emotionally demanding, but Mrs. Dvořáková and Mr. Formánek treated me with the utmost care and sensitivity. Thanks to their precise work, we achieved a successful outcome, and I can therefore recommend this firm with complete confidence to anyone seeking legal representation of the highest standard."