UN Google wins privacy case: ‘Right to be forgotten’ applies only in EU

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Handing Google a major victory, the European Union’s highest court ruled Tuesday that the EU’s “right to be forgotten” rules, which let people control what comes up when their names are searched online, do not apply outside the 28-nation bloc.

Over the last five years, people in Europe have had the right to ask Google and other search engines to delete links to outdated or embarrassing information about themselves, even if the information is true. More recently, France’s privacy regulator wanted the rule applied to all of Google’s search engines, even those outside Europe.

But the European Court of Justice declared there is “no obligation under EU law for a search engine operator” to abide by the rule outside the EU.

The court said, however, that a search engine operator must put measures in place to discourage internet users from going outside the EU to find the missing information.

The decision highlights the growing tension between privacy and the public’s right to know, and it underscores the difficulties in enforcing different jurisdictions’ rules when it comes to the borderless internet.

It also illustrates how the internet is regulated more heavily in Europe than in the United States, where authorities are constrained by the public’s 1st Amendment rights to free speech and freedom of the press. The United States has no laws equivalent to Europe’s “right to be forgotten” measure.

Peter Fleischer, Google’s senior privacy counsel, said he welcomed the ruling and added that the Mountain View, Calif., internet search giant has worked hard “to strike a sensible balance between people’s rights of access to information and privacy.”

Those who wanted to see the rule extended beyond the EU argued that on the internet it is easy to switch between national versions of Google’s website — from google.fr to google.com, for example — to find missing information.

Since Google started handling “right to be forgotten” requests in 2014, it has deleted about 1.3 million web links from its search results, or 45% of all requests processed, according to the company’s transparency report.

Takedown requests filed by Europeans are reviewed by Google staff members, based mainly in Ireland, who look into whether the webpage contains sensitive information such as race, religion or sexual orientation; relates to children or crimes committed as a minor; or is about old convictions, acquittals or false accusations.

Last year, Google removed a link to a 1984 German news article about a person’s conviction for hijacking an East German airplane to flee to West Germany because the article was “very old” and related to now-repealed laws against illegal emigration.

Links to pages about a former politician involved in a drug scandal were deleted because they disclosed his home address, and links to information about convictions for rapes, sexual abuse and aiding and abetting terrorism were removed because those offenders had served their sentences.

Google, a division of Alphabet Inc., does not remove such material from all web searches, just when a person’s name is typed in. The material still shows up when other search terms are used.

Google says it may reject a delisting request if the page contains information that is “strongly in the public interest.” That can include material on public figures that relates to the person’s criminal record.

It can also say no if the content consists of government documents or is “journalistic in nature.”

Tuesday’s ruling is final and becomes the benchmark on which courts in the 28-nation bloc must base their decisions relating to such cases.
Sounds like a pretty lame law to me. I always preferred the notion that the internet is a public record of everything there is to know, be it from the present or the past. And that nothing is ever truly deleted from the web. So Euro people and politicians forcing G*ogle to delet embarrassing stuff seems like a silly attempt at taming the internet when in reality - if some Russian public figure does something embarrassing for instance, I could have the whole thing archived and replicated all over the place much faster than it can ever be scrubbed for prude Euro eyes, it just won't be "readable" from a EU country, but should be available everywhere else. I understand what they're going for but that's not how any of this works, oma Angela. :^)

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Google and company will only honor such laws when they are being requested to remove embarrassing information on those who fit the correct label and we all know it. If you're not on the right side of history, they'll obstruct and obfuscate as hard as they can to make sure your dirty laundry is spread as far and wide as they can, whether it's even true or not. So I'll pass.
 
This is somewhat strange. By what authority would the EU force Google to apply European laws to the rest of their international operations.
By that logic, China could force Google to implement their own brand of bullshit for the rest of us, too.

Also:
It also illustrates how the internet is regulated more heavily in Europe than in the United States, where authorities are constrained by the public’s 1st Amendment rights to free speech and freedom of the press. The United States has no laws equivalent to Europe’s “right to be forgotten” measure.
Yeah, geez. Having rights over your personal information is just such a bad thing, right? :story:
I particularly enjoy the implication that there is no free speech or free press in Europe.
 
This is somewhat strange. By what authority would the EU force Google to apply European laws to the rest of their international operations.
By that logic, China could force Google to implement their own brand of bullshit for the rest of us, too.

Also:

Yeah, geez. Having rights over your personal information is just such a bad thing, right? :story:
I particularly enjoy the implication that there is no free speech or free press in Europe.

The authority of forcing you to pay money to access their market.

Also, there are no shortage of people who claim Europe doesn't have free speech due to hate speech regulations.
 
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Also, there are no shortage of people who claim Europe doesn't have free speech due to hate speech regulations.
Obviously not a fan of the more ridiculous aspects of the EU such as any hate speech law, but to insinuate that the EU does not have freedom of speech at all is absolutely ludicrous.
People pretend that you can't go "I really dislike Macron/Merkel/whoever" without being dragged to court and slammed in the deepest dungeon. That is ridiculous and borders on mental retardation.
 
There is a difference between something a politician does and something a private person does.
Btw: Tell me your real name and adress if you are so cool with that!
The authority of forcing you to pay money to access their market.

Also, there are no shortage of people who claim Europe doesn't have free speech due to hate speech regulations.
Europe doesn't have free speech. If you can be punished for political speech it isn't free, this isn't exactly a leap of logic.
 
EU scammers have taken full advantage of this. They get their shit scrubbed when their latest ponzi fails.
 
Because I am from the EU, and I cant be jailed for misgendering people. Neither I can be jailed for reporting about gang rapes, which rarely happen in germany!
 
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or reporting about rape gangs
No, you can't. Now we could talk all day about how the media spins things in the UK, like "Muslim rape gang, minority children most affected" or the fact that they claimed the Muslim school policy issue wasn't a big deal, but you can absolutely report on those things. At least use the ECHR judgement, which pissed a lot of people off. I'll give their ruling here so Europeans can defend it:
"By accusing Muhammad of paedophilia, [E.S.] had merely sought to defame him, without providing evidence that his primary sexual interest in Aisha had been her not yet having reached puberty or that his other wives or concubines had been similarly young. In particular, [E.S.] had disregarded the fact that the marriage with Aisha had continued until the Prophet’s death, when she had already turned eighteen and had therefore passed the age of puberty."
E.S. “aimed at demonstrating that Muhammad was not a worthy subject of worship,” the court held, and intended to “disparage religious precepts.”
 
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