Liabilities of internet users and providers
Title: Liabilities of internet users and providers
Author: SARTOR, Giovanni
Citation: Marise CREMONA (ed.), New technologies and EU law, Oxford : Oxford University Press, 2017, Collected courses of the Academy of European Law ; 24/2, pp. 174-196
ISBN: 9780198807216; 9780191844935
This chapter explores the connection between host providers’ liability and data protection, particularly the right to be forgotten. A conceptual analysis provides basic ideas including privacy, publicity, and neutrality. Subsequently, host providers’ immunities in EU law are compared with safe harbour provisions in US law. Data protection exceptionalism, namely, the view that providers’ immunities do not apply to violations of data protection, is critically considered. Knowledge of illegality of hosted content as a condition for providers’ liability is examined, focusing on how different understandings of this requirement may affect providers’ behaviour. The EU General Data Protection Regulation is then considered, addressing the way it defines the interface between data protection and the role/liabilities of providers. Finally, an analysis of the right to be forgotten is proposed, focusing on how the passage of time affects the legally relevant interests involved and on how sanctions are likely to affect the actions of host providers/users.
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