[At-Large] R: [lac-discuss-en] The Right to Be Forgotten

[Adam Peake]

About the European Commission's proposed regulation "right to be
forgotten".  I teach a class where this came up and made the following
notes. And I can't now find a reference to my source document(s), but
must have grabbed from somewhere so apologies to the original source.
I can dig around if anyone's interested

I think the relevant document before EU Parliament is at
<http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_en.pdf>

Just because it has a daft name, "right to be forgotten", doesn't mean
it doesn't contain some very legit/good proposals.

Adam


Right to Be Forgotten is not well named and as a result some (often
U.S.) press and experts have ridiculed the "right" as impossible and
therefore rather stupid.  European security agency ENISA also made
fun, and should have known better. It has been published by the
Commission but not yet passed by Parliament.  Intent is really to
express a reasonable right to be forgotten, not absolute, it's about
deleting data.

The "Right to be Forgotten" is confusing. Delete when:

* The data controller no longer has a legitimate need to process/hold the data
* Consent to hold the data is withdrawn (implies knowing the data's
being held in the first place)
* The data subject objects to the data being collected/held
* The data was collected illegitimately
* Transmitted to third parties, the data controller is responsible for
informing the third parties of the request for deletion

But it is not an absolute right: data can be retained if there is
public interest or the data controller/third parties have rights
(usually free speech), but might also be the complexity of deletion.

END

Adam


On Thu, May 2, 2013 at 4:03 PM, Alan Greenberg <alan.greenberg at mcgill.ca> wrote:
> I think it is less an issue of whether the
> information exists and more of just how readily findable it is.
>
> But you pose an interesting question. A number of
> years ago in Canada, there was a trial following
> a particularly gruesome pair of rape-murders and
> the judge imposed a publication ban. Of course,
> US newspapers just over the border covered the
> story and were not subject to the publication
> ban. There were in fact some libraries in Canada
> that carefully cut out the stories before putting
> the papers on display. Although before the age of
> powerful search engines, USENET and other
> Internet resources did make the ban close to useless.
>
> As universities were the major source of Internet
> connectivity at the time, I had some very
> interesting discussions with our lawyers about
> whether we were "publishing" the story when we let it flow through our servers.
>
> Alan
>
> At 5/2/2013 02:44 AM, Roberto Gaetano wrote:
>>I am wondering what happens with copies of newspapers that are stored in
>>libraries.
>>Would Martin have the right to go to the libraries and cut out from the
>>paper copies of the newspapers the articles about her case?
>>R.
>>
>>
>> > -----Messaggio originale-----
>> > Da: at-large-bounces at atlarge-lists.icann.org [mailto:at-large-
>> > bounces at atlarge-lists.icann.org] Per conto di Omar Kaminski
>> > Inviato: giovedì 2 maggio 2013 02:07
>> > A: Carlton Samuels
>> > Cc: <whois-wg at atlarge-lists.icann.org>; lac-discuss-en at atlarge-
>> > lists.icann.org; At-Large Worldwide
>> > Oggetto: Re: [At-Large] [lac-discuss-en] The Right to Be Forgotten
>> >
>> > This right to be forgotten is being defended right now because the
>>children
>> > and young people who did a lot of trouble and silly things online. Then
>>they
>> > grow up and want others to forget all the mess they did.
>> >
>> > Anyway the information could be located anywhere in the globe. How to
>> > erase things in servers locaded in different jurisdictions?
>> >
>> > Internet has memory, and I personally don't agree with this "right". Think
>> > before, practice the auto-censorship. Avoid silly things or be responsible
>>with
>> > the results.
>> >
>> > Omar
>> >
>> >
>> > 2013/5/1 Carlton Samuels <carlton.samuels at gmail.com>
>> >
>> > > .....you didn't see me!  Who you going to trust? Me or your own two
>> > > lying eyes?
>> > >
>> > > Erasing facts....and re-writing history.  Or, just the hagiograph's
>> > > payday arrived...
>> > >
>> > >
>> > > http://www.nytimes.com/2013/04/29/opinion/keller-erasing-history.html?
>> > > src=recg
>> > >
>> > > -Carlton
>> > >
>> > > ==============================
>> > > Carlton A Samuels
>> > > Mobile: 876-818-1799
>> > > *Strategy, Planning, Governance, Assessment & Turnaround*
>> > > =============================
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