Fwd: [Internet Policy] 'Right to be forgotten' by Google should apply only in EU, says court opinion
Dear Listers, Interesting development. Learned friends what is your take? Regards ---------- Forwarded message ---------- From: Joly MacFie <[email protected]> Date: Fri, 11 Jan 2019 10:58:48 -0500 Subject: [Internet Policy] 'Right to be forgotten' by Google should apply only in EU, says court opinion To: "[email protected]" <[email protected]> (Via Access Now) https://www.theguardian.com/technology/2019/jan/10/right-to-be-forgotten-by-... The “right to be forgotten”, which enables claimants to request the removal of links to irrelevant or outdated online information about them, should not be enforceable globally, the European court of justice (ECJ) has found in a preliminary opinion. The controversial power, requiring search engines to prevent access to material on the internet, should be enforceable only in the EU and not worldwide, the court’s advocate general, Maciej Szpunar, said. Final judgments by the ECJ usually endorse initial opinions. The case related to a dispute between Google and France’s National Commission for Information Technology and Civil Liberties (CNIL), with a number of UK and international free speech organisations saying that extending the power could encourage censorship in countries such as China, Russia and Saudi Arabia. In his opinion, the advocate general said the right to be forgotten must be balanced against other “fundamental rights”, such as the right to data protection, privacy and the legitimate public interest in accessing information. Szpunar said if worldwide “de-referencing” was allowed, EU authorities would not be able to determine a right to receive information or balance it against other fundamental rights to data protection and to privacy. <snip> -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast -------------------------------------------------------------- - -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
Barrack Although I'm not a 'learned friend' my take is this:- 1. Why is the European Court of Justice purporting to tell other regions what they can and cannot do? Shouldn't those jurisdictions decide whether or not to apply the same standards? 2. My other point relates to whether #BigTech should wait for courts or regulators to force their hand? The writing is on the wall. Trust is at an all time low. It's time to take control of the narrative and regain the trust of the very users their business models are based on. Otherwise one day they will wake up and have no viable business left. The annal graveyards of business are littered with companies that suffered the disease of Hubris and disregard for customer sentiments. Regards *Ali Hussein* *Principal* *AHK & Associates* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Mon, Jan 14, 2019 at 5:40 AM Barrack Otieno via kictanet < [email protected]> wrote:
Dear Listers,
Interesting development. Learned friends what is your take?
Regards
---------- Forwarded message ---------- From: Joly MacFie <[email protected]> Date: Fri, 11 Jan 2019 10:58:48 -0500 Subject: [Internet Policy] 'Right to be forgotten' by Google should apply only in EU, says court opinion To: "[email protected]" <[email protected]>
(Via Access Now)
https://www.theguardian.com/technology/2019/jan/10/right-to-be-forgotten-by-...
The “right to be forgotten”, which enables claimants to request the removal of links to irrelevant or outdated online information about them, should not be enforceable globally, the European court of justice (ECJ) has found in a preliminary opinion.
The controversial power, requiring search engines to prevent access to material on the internet, should be enforceable only in the EU and not worldwide, the court’s advocate general, Maciej Szpunar, said. Final judgments by the ECJ usually endorse initial opinions.
The case related to a dispute between Google and France’s National Commission for Information Technology and Civil Liberties (CNIL), with a number of UK and international free speech organisations saying that extending the power could encourage censorship in countries such as China, Russia and Saudi Arabia.
In his opinion, the advocate general said the right to be forgotten must be balanced against other “fundamental rights”, such as the right to data protection, privacy and the legitimate public interest in accessing information.
Szpunar said if worldwide “de-referencing” was allowed, EU authorities would not be able to determine a right to receive information or balance it against other fundamental rights to data protection and to privacy.
<snip>
-- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast -------------------------------------------------------------- -
-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A
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Ali Hussein -
Barrack Otieno