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

Posted by timothy on from the they'll-remember-you-said-that dept.

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."

17 of 116 comments (clear)

  1. Why does the cynic in me. . . by Salgak1 · · Score: 4, Interesting

    . . . .immediately think, ". . . all the better to data-mine you by. . . ."

    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. 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.

    4. Re:Why does the cynic in me. . . by bickerdyke · · Score: 4, Informative

      Both wrong.

      You should make sure that you don't appear in a newspaper article. Even if there is something newsworthy.

      The original lawsuit was about an old newspaperarticle about a some Chapter 11 stuff still turning up when you searched for a name.

      --
      bickerdyke
    5. Re:Why does the cynic in me. . . by AmiMoJo · · Score: 3, Interesting

      This isn't the Right to be Forgotten. The submitter is confused. The right to be forgotten only lets you delete your own account, not other people's.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:Why does the cynic in me. . . by Hatta · · Score: 3, Interesting

      Europe has it all backwards. And it's made obvious by statements like this:

      He went on to explain that based on current laws citizens do not have a right to be removed from search indexes

      Rights are not based on current law. They exist independently of law (or not at all, that's a valid argument too), and current law either respects or violates that right. If someone were to say "based on current law citizens do not have the right to choose their own religion", it would be abundantly clear that "current law" is oppressive.

      Either the right to be forgotten exists or it does not. I'd suggest it does not, because it clearly conflicts with my own right to remember, and communicate.

      --
      Give me Classic Slashdot or give me death!
    7. 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.
    8. 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
  2. A rare outburst of common sense from the EU by maroberts · · Score: 4, Interesting

    Now if only they'd stop messing too much with Google (apart from tax issues) and rescind the need for stupid "We're using cookies" splash screens then we'd all be happy Europhiles.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  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. Explanaition by agonarch1756 · · Score: 5, Informative

    The opinion of the Advocate General is a preliminary document, a recommendationn, not a ruling of the Court. A recommendation to the European Court that is often followed by the Court. Legal grounds is the current EU directive, a directive that is implemented in national laws and provides a level of minimum harmonisation across EU member states. There may be other legal grounds. Currently the entire EU data protection legislative framework is under reform.

  5. 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
  6. Cease and Desist by Errol+backfiring · · Score: 3, Interesting

    What if you send Google a Cease-and-Desist letter? You won't be the only one who does this, and you would have more right to do so than others.

    --
    Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
  7. Re:You want your data deleted? forget about it.... by mindwhip · · Score: 4, Informative

    True, which is why this case isn't about "Right to be forgotten" which is related to the closure of your personal online accounts and not any data published and subsequently indexed by a third party.

    The obligation that Google, news sites etc. does have however under various EU data protection laws is that any information that they hold about you must be accurate and corrected if found not to be. Also they can not to publish information that could be otherwise considered private and not in public knowledge. Generally (with some exceptions) they also have to provide you with any personal information they hold about you as an individual, and can charge a reasonable fee for providing such information.

    Unfortunately for the individual involved the information published and indexed is correct and is publicly available due to court proceedings and being published in a newspaper etc. so they have no obligation to remove it or change it in any way.

    --
    [The Universe] has gone offline.