Deep web: a challenge for data protection

The aim of this paper is twofold: First, we take a conceptual approach to the Deep Web. We identify specific terminological difficulties arising out of the interchangeable and non-systematic use of different terms and discuss three misconceptions linked with the notion of Deep Web. Second, we discuss how Deep Web poses challenges to the application of Data Protection Regulations. Our analysis focuses on the household exemption and the right to be forgotten in light of the EU Data Protection Directive and the recent CJEU's jurisprudence. As far as the household exemption is concerned, we discuss how the searchability of information may constitute a criterion in determining whether a piece of information may fall under the provisions of the Data Protection Directive. Furthermore, we discuss how the use of anonymous and pseudonymous information as well as anonymising networks poses obstacles on the application of the accessibility criterion required in deciding whether the household exemption shall be put into effect. With regards to the right to be forgotten, we analyse the impact of the recent CJEU's Google Spain judgment and explain the potential effect and challenges of the right‟s application in relation to the Deep Web and anonymising networks.