Media Law Resource Center

Serving the Media Law Community Since 1980


MLRC Forum 2014









Controlling Data, Forgetting Data: What U.S. Lawyers Need to Know About the Right to Be Forgotten

Wednesday November 12, 3:45-5:45 p.m.
Grand Hyatt, NYC, Broadway-Juliard Room, Conference Level 


Patrick Carome, Partner, WilmerHale (Moderator)

Media lawyer and author of a Special Report on Google Spain and the Right to Be Forgotten

David Price, Products Counsel, Google

Lawyer and search engine specialist who has been closely involved with the company's response to the Google Spain decision.

Mark Stephens, Senior Member, Howard Kennedy FSI

UK-based solicitor and internationally renowned privacy and free expression law expert.

Joaquín Muñoz, Partner, Abanlex Abogados

The lawyer who represented Mario Costeja González in the Google Spain case.

Adam Holland, Project Coordinator, Harvard University's Berkman Center for Internet & Society

Attorney who works on the organization's Chilling Effects Project which is monitoring the worldwide impact of the Right to Be Forgotten.

Matthew Leish, Assistant General Counsel, New York Daily News

Media lawyer and author of an article recently published in MLRC's MediaLawLetter, "A View From The Inside: Responding To Take-Down Requests."

No fee. MLRC members only. RSVP: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


MLRC Forum 2014 Sponsored by





This year's Forum will focus on the EU "Right to Be Forgotten" legal regime, with an emphasis on what American media lawyers need to know about how this European privacy doctrine will impact American media operations, both abroad and at home. Of special interest to American in-house counsel, the Forum will explore how EU developments will impact privacy law trends in the United States, such as the emergence of erasure laws and more frequent requests to take-down archival materials available on the web.  Our expert panel will also explore in-depth the European Court of Justice's decision in Google Spain v. AEPD, more recent cases implementing the precedent, and current and proposed EU data protection laws that may further impact both American and global media. Specific issues to be discussed will include:

  • How are news organizations and other publishers responding to notifications that search engines are de-listing their content?
  • Analysis of jurisdictional reach of EU privacy laws; is it possible to do business in the EU market without being subject to them?
  • Will U.S.-based search engines doing business in the EU ultimately have to scrub search results not just in the EU, but worldwide, as some EU officials have suggested? Similarly, will removal notices to publishers continue to be permitted?
  • The worldwide impact on freedom expression that EU law will have, particularly with respect to the media.
  • The status of the proposed new EU data protection regulation, and how is it likely to impact U.S. businesses and journalistic endeavors. Will the responsibilities for implementing the Right to Be Forgotten be limited to traditional search engines, or will other news archives also become subject to the law?
  • What is the proper first tribunal for EU Citizens to make removal claims? Should Google or other search engines be the entities making the initial determination?
  • Is the current test for removal requests – whether information is "inadequate", "irrelevant" or "excessive" – clear and manageable, and how have other European courts begun to interpret this standard?
  • Parallels between the developments in Europe and recent trends in privacy law in the U.S., such as erasure laws, takedown requests, do-not-track legislation, and reduced access to public records online.

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