About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

22 N.C. J.L. & Tech. 681 (2020-2021)
Google LLC v. CNIL: The Location-Based Limits of the EU Right to Erasure and Lessons for U.S. Privacy Law

handle is hein.journals/ncjl22 and id is 713 raw text is: NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 22, ISSUE 4: MAY 2021 GooGLE LLC V. CNIL: THE LOCATION-BASED LIMITS OF THE EU RIGHT TO ERASURE AND LESSONS FOR U.S. PRIVACY LAW Sam Wrigley* & Anne Klinefelter** As the United States considers preemptive federal privacy law, the discussion can be enriched by a reassessment of the EU example as illustrated in a 2019 decision at the European Court of Justice. The General Data Protection Regulation that took effect in 2018 is often described as an important model for unifying and centralizing data protection law in order to provide consistent protections of rights. But the Google LLC v. CNIL decision highlights that the EU law did not in fact create a monolithic system without room for Member State variation. This Article takes a close look at the way that the erasure right is articulated in the GDPR, examining how competing rights are balanced, how Member States' different approaches to balancing rights are accommodated, and how related provisions in the law inform an understanding of the erasure provision in Article 17. This Article also examines the 2019 Google LLC v. CNIL decision, exploring the Court's reasoning and the impact of the case on EU erasure rights and beyond. This Article draws on these examinations of the erasure-related provisions of the GDPR and of the Google LLC v. CNIL decision to advance a better understanding of how the influential EU * Doctoral Candidate at the University of Helsinki, Finland. Many thanks to those who helped to improve this Article, including (but not limited to) co-author, Anne Klinefelter, those at NC JOLT and the people at the University of Helsinki. Any errors contained remain the fault of the authors. ** Henry P. Brandis Distinguished Professor of Law and Director of the Law Library, University of North Carolina. Thanks to my research assistant Shannon Coy, my co-author Sam Wrigley, and Professor Paivi Korpisaari for inspiration for this Article. Thanks as well to the Fulbright Finland Foundation, the Faculty of Law at the University of Helsinki, and the UNC School of Law and Kathrine R. Everett Law Library for generous support for my visit to Finland that led to this article. Thanks to Christine Xiao and Lily Faulconer for helpful editing and for an engaging symposium. 681

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most