Volume 3 issue 1 May 2015
When Privacy Feeds Surveillance: The ECJ’s Decision on Google vs AEPD and the Brazilian Experience
Samantha S Moura Ribeiro
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The ECJ’s decision on Google versus AEPD stands out for it not only recognised the right to be forgotten as an implication of the right to privacy, but also gave precedence to it over freedom of expression and information. The irony in this ruling is that its application will ultimately push for more surveillance and hinder one of the internet’s democratic features. In comparison, the latest developments in Brazil’s internet regulation framework seem to evolve very differently, signalling that the neutrality of data movement and other democratic features of the internet should be preserved. Traditionally, Brazil has given precedence to other individual rights, such as privacy and honour, over freedom of express-ion. However, recent rulings from Brazil’s highest courts have acknowledged the need to grant extensive protection to free speech and free access to information as a basic contribution to democratic development. The neutrality of data movement in the internet must, therefore, be preserved for this end. In this paper, I propose to analyse: 1) the arguments that lead the ECJ to conclude that, upon request, Google should remove links to lawfully published contents, 2) the consequences of this decision from the perspective of surveill-ance, 3) the recent Brazilian rulings and legislation that champion freedom of expression and/or internet neutrality, and 4) possible ways to neutralise the negative impacts of the ECJ’s decision on the internet.
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