4 ms·
> I like this law. Now the real question - is it actually enforced? Because it's meaningless otherwise. Right, yeah, see regulators don't want a court challeng
by elastic_church 10y ago
> I like this law. Now the real question - is it actually enforced? Because it's meaningless otherwise.
Right, yeah, see regulators don't want a court challenge. They could find their whole charter declared unconstitutional. Not as punishment, but simply because nobody ever challenged it.
They try to strike a balance between going to court and enforcing the will of the people/legislators/regulations. If it seems akin to a traffic ticket, well thats because traffic cops are doing the same thing
- flipbrad 10y agoRegulators and civil society groups have taken the GDPR's predecessor (the Data Protection Directive) to court plenty of times, usually very successfully. The most famous regulator-brought court case is probably the Google Spain/Costeja "right to be forgotten" ruling of the Court of Justice of the EU (CJEU). 59 more CJEU Data Protection Directive cases here: http://curia.europa.eu/juris/liste.jsf?pro=&nat=or&oqp=&dates=&lg=&language=en&jur=C%2CT%2CF&cit=L%252CC%252CCJ%252CR%252C2008E%252C%252C1995%252C46%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&td=%3BALL&pcs=Oor&avg=&page=1&mat=or&jge=&for=&cid=219082 http://curia.europa.eu/juris/liste.jsf?pro=&nat=or&oqp=&date...
- elastic_church 10y agoThe European Union is a new entity and is still forming its case law. Its courts are granting themselves more power and it is probably a few years until their own Marbury v. Madison equivalent. For now its just seeing what sticks and learning the whims of the judges, but you have to recognize the relativity of their authority.