Google, forced by justice to respect the “right to be forgotten”

the right to be forgotten

Google‘s efforts to limit the so-called “right to be forgotten” received a blow from judges in the UK and France who appreciated that the reputation of businessmen who had been affected by old news has a priority over the right people to be informed.

Right to be forgotten – Wikipedia

The right to be forgotten is a concept that has been discussed and put into practice in both the European Union (EU), and Argentina since 2006. The issue has arisen from desires of individuals to “determine the development of their life in an autonomous way, without being perpetually or periodically stigmatized as a  …
A judge in London on Friday asked Google to remove from the search results the links to older articles about the criminal conviction of a businessman. The decision came after a decision by a French court last month, linked to a former company financial director, whose employment prospects were affected by information about a fine received from a violation of the law banning confidential information in transactions. These court decisions are beginning to affect Google’s ability to defend itself in future processes related to how far away they have to delete links and come in the wake of a wave of criticism of the ability of US technology companies to protect users’ privacy. Facebook is involved in a scandal related to the improper transfer of data to tens of millions of people to a political consultancy. “It means more work for Google. They will have to pay even more attention to requests for information, “said Jon Baines, Data Protection Officer at London law firm Mishcon de Reya. In the London court of law, Judge Mark Warby said 11 articles about a businessman should be removed by Google in their search results.

 

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However, another businessman has failed to get links to articles about a more serious crime. According to a decision of the European Court of Justice in 2014, Google, the Alphabet group division, must remove overdrive or irrelevant information on demand from search results. The European Court’s decision did not include clear terms as to when Google must remove the information, and the British judge’s decision could be the first case in which an important court effectively decides that information on a criminal offense can be removed. The two men, whose identities can not be made public by a court order, have requested links to information about their older convictions to be erased. According to British legislation on the rehabilitation of convicts, those convictions should not be disclosed to potential employers, and these can be ignored. The businessman, known as NT2, was imprisoned for six months at the beginning of this century, after allowing an investigative firm to access computers and track his company’s phones to find out who is doing hostile activities. “His past action is not relevant. No one should be warned, “the judge wrote in his decision. The judge took into account the actual behavior of the businessman. European courts could interpret the right to be forgotten in different ways.

Judges said the right to be forgotten must prevail after analyzing several factors, including the impact on work and family life. The judges found that the person in question, the father of four children, did not obtain a financial benefit as a result of the violation of the law and that he risks losing his job if the articles referring to his name are not removed from the search results.

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