The rule of law online: Treating data like the sale of goods: Lessons for the internet from OECD and CISG and sacking Google as the regulator

The decision of the Court of Justice of the European Union (“CJEU”) in the case of Google Spain SL v Agencia Española de Protección de Datos (AEPD) ² [“the Google decision”] to require Google to enforce a right to be forgotten has caused a furore and sets a dangerous precedent in internet regulation. ³ It is setting up the search engine as a form of Internet Government and fracturing the balance between privacy and freedom of information in the connected world. In a world where we have become attuned to full exposure by routinely signing over access to information, privacy is no longer the issue – the real concern is control. This paper seeks to address the issues of whether we have a right to privacy anymore, who should be making decisions about what is available and where and how a global convention on access to information might be achieved.     

Challenges to prosecutorial discretion

In the ordinary conduct of prosecutions, challenges are faced when, especially, discretionary decisions need to be made. That situation arises at many stages of the process, some of which are identified in this paper. Many legal and factual circumstances will operate to determine the outcome of such situations. In addition, legal challenges may be able to be made to actions taken by prosecutors and that possibility should be anticipated when decisions are being made and action taken.     

Management Structures for Government Lawyers

This paper explores the appropriate organisational structures for government lawyers. Professionals may require different arrangements than are applicable to others, particularly if professional skills and culture are to be maintained. These arrangements may include working within a professional group; line management by fellow professionalis of accepted professional competence; collegiate decision‐making processes. The same principles would seem to be applicable to other professional groups.