Yes, I think that's right. Ms Linquist was an EU resident and she was
the data controller (I have no idea, and it does not matter, where the
site was hosted). Likewise, the uploader of the video to YouTube (if
within the EU) would be the person undertaking that processing.
Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
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www.dechert.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 23 August 2007 16:06
To: [log in to unmask]
Subject: Re: [data-protection] UTube video removed
In message
<[log in to unmask]>,
at 15:46:38 on Thu, 23 Aug 2007, Tim Turner <[log in to unmask]>
writes
>Does YouTube have any base in the EU, or is it a totally US-based
>website?
YouTube is owned by Google, who have offices in the UK (and several
other European countries). The point about offshore hosting is, however,
well made. Would Ms Linqvist have escaped if her site had been hosted in
the USA? Perhaps the person doing the DPA infringing is the one who
uploaded the material (from the UK) and we'd have to look and see
whether or not YouTube's view was that they should take down material
which was visible in the UK and breaking the law in the UK.
--
Roland Perry
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