Re:Google refuses to pay French privacy fine in a battle of ...
by masklinn on Friday February 07, 2014 @12:09PM
(#7197331)
> But I don't see how it could happen since AFAIK the French privacy laws predate the Directive by a quite large amount.
And more importantly goes further than the directive in protecting citizen's rights. By comparison the french "garde à vue" — a form of police custody — is also ancient but it restricts citizen's defence rights far below the mandatory minimum and has gotten repeatedly hammered by the ECHR both indirectly (via similar turkic cases e.g. Salduz v Turkey and Dayanan v Turkey) and directly (e.g. Brusco v France, Vassis v France) as France (incorrectly) refused to consider the turkic cases applicable.
And more importantly goes further than the directive in protecting citizen's rights. By comparison the french "garde à vue" — a form of police custody — is also ancient but it restricts citizen's defence rights far below the mandatory minimum and has gotten repeatedly hammered by the ECHR both indirectly (via similar turkic cases e.g. Salduz v Turkey and Dayanan v Turkey) and directly (e.g. Brusco v France, Vassis v France) as France (incorrectly) refused to consider the turkic cases applicable.