The Right to be Forgotten: Impact of the EU Court of Justice Ruling

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Added on  2023/04/04

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AI Summary
This report provides an overview of the Right to be Forgotten (RTBF) in the context of the European Union. It begins by outlining the landmark ruling by the European Court of Justice in May 2014, which established the right of EU citizens to request the removal of personal data from search engine results. The report then details how search engines like Google, Yahoo, and Bing implemented procedures for handling these requests. It discusses various examples of data removal requests, including cases involving criminal records and the challenges of balancing privacy with public interest, as highlighted by media coverage like the Daily Mail. The report further examines specific legal cases, such as the Malcolm Edwards case, where requests for data removal were dismissed. It explores the implications of the RTBF, including the impact on media organizations, data protection, and the ongoing debate about censorship and the ability to control online information. The report concludes by noting the potential benefits of the RTBF for individuals seeking to erase their past, while also acknowledging the risks associated with the removal of information related to criminal activities. The report highlights the need for careful consideration regarding data removal and the application of restrictions to ensure a balance between privacy rights and public interest.
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Monthly Newsletter
The news came all over when in May 2104, The
European Court of Justice ruled that EU citizens
have a “Right to Be Forgotten,”. This was all related
to the request for the removal of links and pages
from search engines from deemed private, even after
that page remain on the internet.
In June 2014, along with google, yahoo, Bing and
other search engines established the form where
request for the removal of the people data.
UK Paper Argues Right to Be Forgotten Being
Abused in Some Cases
Due to many request in order to remove the personal
data in terms of Right to be Forgotten were asked in
European countries, Europe take down requests for the
criminal misdeeds. People in some cases are trying to
remove their criminal records as told by The UK- based
daily Mail.
There were many other egregious examples where
many criminals have requested to remove their data and
even some of them are successfully removed.
Examples of links deleted by Google include a
number of Mail articles detailing issues ranging
from drug abuse to incest, murder and spying . . .
For instance, Mail received a request to remove a
May 2009 article describing the sordid captivity in
which Josef Fritzl kept his family . . .
Another Mail story removed from Google
concerned Ronald Castree, 61, a paedophile who
abducted an 11-year old girl with learning
difficulties before abusing and murdering her.
The Daily mail explains that in case of “serious crimes”
the data will not be removed but for those who are
innocent can be successfully removed.
Up to today many request was sent to Google around
300000 to take down. When talking about Europe it
reached to 60% of such request.
The Right to be Forgotten – The rules today and the rules
tomorrow
“There is no such
thing as the
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Not only Google, Facebook is also one of the site which
received many request for the removal such data
regarding RTBF.
Man loses 'right to be forgotten' Google
court bid
Malcolm Edwards was the man who requested for data
removal forcing top 5 media organization. BBC was one
among them, also from google under RTBF. The request
was dismissed by the judge at Nottingham Country
Court.
He was the former lecturer and of course preacher had to
pay Guardian cost of £6,859 and BBC £5127.
Mr Edwards again confronted that the publication
was against his right to privacy and because of such
condition he can’t live normal life. Under Data
Protection Act and Human Rights Act 1998, which
is about the protection of right to respect for private
and family life and he was claiming those acts. His
judgement was still pending.
According to the court of Justice of the European
Union ruling, every individual have freedom to
request for the removal of certain web pages when
person search result are involved. This rule made
Google to remove large numbers of links and search
results and continues to do so.
“Erasing the past”
BBC has started new concept that links to news
stories that have been removed from the google
search engine.
Mr Edwards was jailed for 6 and half years in
November 2007after he admitted the crime of
cheating the public revenue. For further three and a
half years in prison for other offences.
Many media organizations argued for the offences
that Mr Edward has done and they don’t want it to
be historical because of which this become the
public interest and started published as articles, to
show the seriousness of the offence.
Sometimes the reason is genuine and data is being
removed. It can be that google and BBC may or may
not remove the data related to Mr. Edwards. It
totally depends on their consideration.
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Google ordered to remove UK search
results
U.K. data watchdog orders Google to remove links
in right to be forgotten case.
Google was asked to remove 9 search results related
to news stories which were containing irrelevant
information about criminal conviction. It was asked
by the U.K. data protection watchdog rule for press
freedom. Google was given 35 days to follow the
order from information Commissioner’s Office
(ICO), the target links and the person’s name should
be removed from the search engines.
Google declined the order.
However, the Computer and Communications
Industry Association, a lobbying group that counts
Google as a member, blasted the U.K. decision.
“This latest ruling shows that we have an expanding
ability to censor what is on the web,” said Chief
Executive Ed Black. “The effort to selectively take
down and hide information, which is in the public
domain, is a dangerous precedent that can be used
globally.”
28 European countries can request for the removal
of no longer relevant, inappropriate and inadequate
information The above cases were listed in the
Europe’s so-called RTBF after Spanish man
complained in 2010 for the removal of his name to
the old repossession of his family. In the year 202
4the European Court of Justice agreed with and
ordered google to stop listing the search results.
In UK when this news came about the removal of
the criminal act led to press coverage. The accused
also requested to remove the name and details of the
conviction. But google refused to remove such data
and this were still there for the public interest.
Notes from editor
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The above data is helpful in regard with those who want
to erase there past and tart to live a new life. But this can
be problem to those who are criminals and convicts as
their removal of data can be little risky. The Right to be
Forgotten or Right to Delist helped millions of people in
the many countries. For the students, employee, business
person the irrelevant information can be removed with
simple request to the authority. This is complete new
thinking of giving new chance to others.
All this helps to improves one’s life.
There are chances of some restriction to be applied on
which data to be removed and which should be remained.
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