Luís de Lima Pinheiro (University of Lisbon) has posted The Spatial Reach of Injunctions for Privacy and Personal Data Protection on the Internet Revisited on SSRN.
The abstract reads:
This study deals with the spatial reach of injunctions addressed to online intermediaries for removal, blocking or delisting of content for the protection of the right of privacy, including data protection. It complements a previous essay published in Ius Vivum: Kunst – Internationales – Persönlichkeit. Festschrift für Haimo Schack zum 70. Geburtstag, summarizing its conclusions, providing the clarification of some issues and adding further comments.
It is advocated that while the limits set by Public International Law to the jurisdiction of the States must be taken into account, the spatial reach of these injunctions should be mainly determined through a Private International Law approach, based upon a substantive characterization of the issue.
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The abstract reads:
This study deals with the spatial reach of injunctions addressed to online intermediaries for removal, blocking or delisting of content for the protection of the right of privacy, including data protection. It complements a previous essay published in Ius Vivum: Kunst – Internationales – Persönlichkeit. Festschrift für Haimo Schack zum 70. Geburtstag, summarizing its conclusions, providing the clarification of some issues and adding further comments.
It is advocated that while the limits set by Public International Law to the jurisdiction of the States must be taken into account, the spatial reach of these injunctions should be mainly determined through a Private International Law approach, based upon a substantive characterization of the issue.
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