I'm a bit late in responding on this topic but it's a point that has been worrying me.
Jon Baines said "But an important n.b. in all this is something I heard Stewart Room point out at NADPO's conference in November: at least some data protection authorities and the CJEU are regulating the current law in almost an anticipatory way. Or, rather, they are reading 95/46/EC in the light of what the draft Regulation says (see e.g. Costeja and Ryneš cases in CJEU). "
All of which is quite correct but I am concerned about what the consequences of this approach by CJEU would be. I'm not sure I fully understand how court decisions can legally rely on draft regulations to inform a decision, especially considering how long and drawn out the process is for this particular piece of law and the amount of disagreement over what is actually going to be in the regs/directive? I can understand when court cases refer to background data of law that has been enacted (like when judges refer to Hansard to understand the nuance behind a legislative clause) but what if that law never gets made or is different once enacted? Does that then affect the court decisions made prior to the enactment? This seems to me very shaky ground but then again Google don't seem to have made a big deal of this point so maybe I shouldn't worry???
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
