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No "Right To Be Forgotten," Says EU Advocate General

DW100 writes "A ruling this morning from the European Court of Justice has said that Google does not have to delete personal data from its search index, in a case that could have huge ramifications for web privacy and the so-called 'right to be forgotten.'" From the article: EU Advocate General Niilo Jääskinen "said Google and other search engines are not subject to privacy requirements under current European data protection law. 'Search engine service providers are not responsible, on the basis of the Data Protection Directive, for personal data appearing on web pages they process,' he said in his official ruling, published by the court. He went on to explain that based on current laws citizens do not have a right to be removed from search indexes within the framework of the Data Protection Directive. 'The Directive does not establish a general "right to be forgotten." Such a right cannot therefore be invoked against search engine service providers on the basis of the Directive,' he said."

9 of 116 comments (clear)

  1. Re:Why does the cynic in me. . . by kthreadd · · Score: 5, Insightful

    If you don't want your data mined then you shouln't publish it in the first place.

  2. Re:Why does the cynic in me. . . by oodaloop · · Score: 4, Insightful

    Yeah, and don't appear in any photos so people can't tag you on Facebook while you're at it. Most of your personal data out there was uploaded and maintained by someone else.

    --
    Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  3. This is not the Right to be Forgotten by AmiMoJo · · Score: 4, Insightful

    This is not the right to be forgotten, it is something completely different. The right to be forgotten means that you can ask Google to delete data you gave to it yourself, e.g. your Gmail account a G+ profile. It does not have anything to do with removing search results.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    1. Re:This is not the Right to be Forgotten by ZombieBraintrust · · Score: 3, Insightful

      In practice, lawsuits are filed when the data is displayed that causes loss of reputation. Thus the "Right to be Forgotten" is mainly going to be used in court to censor websites and search results.

  4. Right To Remember by ZombieBraintrust · · Score: 5, Insightful

    We all have the right to remember things and discuss them. A "Right to be Forgotten" is an attack on the peoples freedom of thought. It is censorship used by the rich and powerful to hide their crimes. It is an attempt to avoid public shaming.

    1. Re:Right To Remember by AmiMoJo · · Score: 4, Insightful

      The right to be forgotten doesn't mean what you think it means.

      It won't allow you to have material about you removed from random web sites. All it does it allow you to delete your own account and data, and that is must really be deleted and not just marked as dormant like Facebook does.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  5. Re:Why does the cynic in me. . . by poetmatt · · Score: 4, Insightful

    nah, it's more reality. The whole "Right to be forgotten" in the EU was basically believing in a magical world that doesn't exist. If you de-list something, is it gone? Of course not. Should you be able to sue the daylights out of someone who dares host something about you, that you don't like? absolutely not.

    So while their approach is terrible (and implies basically that they're collecting data about you and won't let you ask that to be removed), the whole "right to be forgotten" is all but willingly pulling wool over your own eyes.

  6. Re:Why does the cynic in me. . . by Anonymous+Brave+Guy · · Score: 3, Insightful

    The internet isn't a magical place where different rules apply.

    Well... Yes. Yes, it is.

    When someone mentions me in real life conversation, it's a private discussion, taking place between a small group of people, in a given place, at a given time, in isolation, and probably for their own personal reasons.

    When someone mentions me on the Internet, it's a public discussion, taking place in front of the entire world, accessible from anywhere in the world, archived for all eternity in a searchable format also accessible to the entire world, potentially correlated with any other data about me that is out there, for any purpose.

    Do you really not see that there are different implications and potential consequences to those two scenarios, and that maybe understanding and protection of privacy needs to evolve along with understanding and development of technology?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  7. Re:Why does the cynic in me. . . by AmiMoJo · · Score: 3, Insightful

    The right to be forgotten only applies to commercial companies that keep data you gave them. Personal details, website accounts, photos you upload, that sort of thing. The right hasn't come in yet, but when it does we will be able to demand that data is deleted and the company must comply.

    If you write a blog post about someone you have nothing to worry about, they can't get it taken down with this right.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC