Global identity management for individuals? The right to be forgotten and issues of extraterrioriality

Abstract

The Google Spain ruling of the Court of Justice of the European Union has received much attention (and criticism) both in Europe and the other side of the Atlantic. In this paper I present the decision, focusing on it novel elements and the issues of extraterritoriality. I analyse the problems of extraterritoriality as a function of jurisdiction relying on the presence or absence of links to the EU through the location of establishment, equipment or the target of business activity. Next, I discuss the arguments promoting and rejecting the global application of Rtbf by search engine operators. Finally, I consider extraterritoriality as a practical problem, the solutions offered by scholarship and national courts, as well as their effect on corporations.