Judicial activism in the field of data protection law.
summary
Courts claim new rights and invent criteria rather than wait for legislators: the Spanish Constitutional Court (2000) reads a right to personal data protection into the constitution; the German Bundesverfassungsgericht creates a 2008 right to confidentiality and integrity of IT and many proportionality tests; the CJEU in Google Spain (C‑131/12, 2014) orders search engines to remove links (not erase source pages), sets territorial tests (presence via subsidiary + orienting activity), and effectively outsources balancing to private operators — a partial fix that courts call necessary but that raises consistency and legitimacy problems.
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chapters (7)
- 0:00Introduction to the panel
- 1:47German constitutional perspective
- 12:21Spanish constitutional impact
- 24:07Italian judicial trends
- 38:40EU judicial activism
- 50:55Judicial reflections
- 1:03:37Q&A and closing discussion
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