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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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Stewarts
'No one has done as much for me as you,' Eva said.
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."
Livingstone, Tour Operator
Thank you again for your valuable advice. I breathe better when I know who to turn to.
Livingstone, Tour Operator
"Thank you again for your valuable advice. I breathe better when I know who to turn to."
Anders Thorsen Advokatanpartsselskab
It has been an absolute pleasure to work with you.
Anders Thorsen Advokatanpartsselskab
"It has been an absolute pleasure to work with you and your colleagues. Your advice and way of handling the matter and our communication has been of the highest quality and we are very happy with the outcome.
If any of my clients need assistance in matters in the Czech Republic in the future, I know who to recommend."