SoylentNews

Reflecting on the Right to be Forgotten

posted by on Monday December 12 2016, @06:08AM   
from the please-block-my-myspace-page dept.

Arthur T Knackerbracket has found the following story concerning Google's enforcement of search privacy laws across international borders:

What if links to stories about someone's past—stories about defrauding an international business or about medical tourism malpractice—were removed from Google search in your country, not because of your local laws but because someone was able to use the laws of another country. How would you feel about that?

That question may seem simplistic.  But it goes to the heart of a very important debate that is taking place now in Europe, initially between some Data Protection Authorities and, next year, in court. At stake: whether Europe's right to be forgotten—which allows people in EU countries to request removal of certain links from name search results—should reach beyond the borders of Europe and into countries which have different laws.

Google believes it should not. That's why, for much of the last year, we've been  defending the idea that each country should be able to balance freedom of expression and privacy in the way that it chooses, not in the way that another country chooses.

Can the requirements of different countries be balanced at all?

---

Original Submission

• Re:There is no such "right"... (Score: 2) by janrinok on Tuesday December 13 2016, @07:52AM

  by janrinok (52) on Tuesday December 13 2016, @07:52AM (#440714) Journal

  That's not what the law is used for and you know it.

  Agreed, which is precisely why I wrote the following:

  The right to be forgotten is supposed to come with a review process. If this processed worked, then the review would be able to decide if the details of the offence meet the criteria for it to be covered by the Rehabilitation Act, and if it does then the data should be removed. This, of course, does not happen.

  You are criticising the implementation of the law rather than the law itself.

  If it was limited to things you did before 18 well then maybe

  Again, I answered your concern. The law is quite specific on what can be expunged from one's record and what cannot. Fraud and serious criminality are not covered by this law as I clearly stated here :

  In many European countries if you commit an offence while a juvenile once you have served your punishment and reach the age of 18 the record of that offence is only available to a very small subset of the population. Adults can also have some records removed from public view by law.

  And then you wander off into this marvellous example of illogical thinking...

  Or you could make it illegal to hold those events against someone.

  We have made such a law - this is it. You want to replace our existing law with one of your choosing that meets your own view of the world.

  Please read all of my comments before you go making future statements.

  Parent

  Starting Score:	1		point
  Karma-Bonus Modifier		+1
  Total Score:		2