Protection of Personal Data and Copyrighted Material on the Web: The Cases of Google and Internet Archive

This article analyzes what presently constitutes one of the most problematic aspects of search engines' and Internet archives' practices: the protection of personal data and copyrighted material. These issues are often sidelined in favour of the quickest possible development of ever more fashionable e-services. Yet the lack of consideration for these issues may hinder the development of various e-services as all kinds of legal claims and suits may be brought against service providers, particularly in the European Union, which is fond of drafting complex legislation in the field. This paper shows how typical search engines and Internet archives work and the legal issues to which their practices give rise. The examples used are Google and Internet Archive, and their policies. It is argued that many of the legal checks and balances they offer with respect to the protection of personal data and copyrighted material leave a great deal to be desired. The article concludes by providing a short list of possible remedies that could, at least provisionally, alleviate some of the most urgent problems.