In a landmark case that is being covered by every news outlet around the world, a European Court has said ordinary people can request to have their info pulled from the search results. This will certainly open the door to a multitude of scenarios, first this is a European ruling, will North American courts demand the same rights for their citizens ?
The ruling does not give any open and shut method for removing the info and of course Google is likely to fight this and appeal the ruling.
AMSTERDAN – A European court, in an important test of the “right to be forgotten,” ruled Tuesday that Google must amend some of its search results at the request of ordinary people when they show links to outdated, irrelevant information.
In an advisory judgment stemming from a Spanish case, The Court of Justice of the European Union said Google and other search engines do have control of individuals’ private information, given that they sometimes compile and present links to it in a systematic way.
The court found that under European law, individuals have a right to control over their private data, especially if they are not public figures. If they want irrelevant or wrong personal information about themselves “forgotten” from search engine results, they have the right to request it – even if the information was legally published.
People “may address such a request directly to the operator of the search engine … which must then duly examine its merits,” the ruling said.
Whether or not the request should be granted will depend “on the nature of the information in question and its sensitivity for the data subject’s private life and on the interest of the public in having that information, an interest which may vary,” it said.
Google must remove links to pages containing the information from results “unless there are particular reasons, such as the role played by the data subject in public life, justifying a preponderant interest of the public in having access to the information when such a search is made,” the court said.
No such rights for US citizens.
Another example where US is so behind EU, when it goes to human.
@Peter,
I wouldn’t bet against the US in anything, if I were you; sure, the US has been off-course in the last decade or so, but I can guarantee you a course correction soon. The American people almost did it in the last choice for President back in 2008; only to be disappointed that the President did go as far as the change they were promised; sit tight.
I expect a radical change from the American people soon.
The way the internet has been hijacked calls for a strong Administration, that will not consider internet activities as mere minutiae. The internet started off with a bang, for the big as well as the small; it was an equalizer. It was fun. It was commerce. It was freedom. Large corporations, ICANN, and mega search outfits have systematically rendered the internet useless.
It will take law enforcement to unravel the evil deeds perpetrated by some of these actors. I suspect that domains are even multiplexed. People gain very little in owning a website these days, and that is because everything is NOT on the level.
You can’t even opt out of Robots menacing your site every second, obviously doing nefarious things therein. It’s a hoot!
No, don’t bet against the American people. Remember, after one administration, another comes in. All it will take is one zealous, in-touch agency to look into what’s going on.
@Domenclature.com:
I was referring to US government, not American people.
You should not expect any big positive change from the government. I am a realistic person. US is a great country, but only because of people who live and work there. But sometimes it is not enough.
No, you’re right. BUT the government belongs to us. So, when we get it right, we will unravel everything that some of these actors have spawn. We have the laws, it’s just oversight, and enforcement, that is lacking.
@Domenclature.com:
Government does NOT belong to people but they do all they can to put that in all our heads to think that it does. I assume you are still young and you believe in perfect life in the land of freedom. Don’t worry. Right now you are on right place and later, when you mature, you will find your place of happiness.
@Peter,
I’m disadvantaged by not knowing which country you write from. Here in the States, it is We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish the Constitution for the United States of America, hence our government, which is of the people, by the people, and for the people; in it, We established fundamental purposes and guiding principles for the government. You speak as tho you live in a monarchy, do you care to confirm that? I am not old, and I am not young, well, relatively speaking.
Wrong.
People do not belong to governments, and Government does INDEED belong to the people.
The USA has gotten so far out of control with tyranny and corruption it is clear the only answer is rebellion and anarchy of the law.
The tyranny of men in America must come to an end and this is the first step.
I urge all of you to contact your lawyers immediately and get on to pressing Google and especially FACEBOOK to remove all of your information permanently.
Only then can we truly be free.
@Domenclature.com:
When I read your comment, it is like when I learnt many years ago all that stuff for my Naturalization interview. Yes, I am a US citizen, like you. But the major difference is that I have been living in many countries and I travel very frequently. I have seen other paradises, I enjoyed different cultures, I have seen people to have different values. I still believe in American people and I still think US is great country to live in. But it is not going to be good enough for long. Never mind. Let it be… Cheers!
@Peter,
Cheers!
Extremely doubtful the U.S. courts would support the type of “right to be forgotten” that the ECJ has established. There’s no Privacy Directive in the U.S. and the courts here continue to support the notion that ISPs –including search engine operators I believe — should not be responsible for controlling the content of materials posted to or through them. See my blog, IP Owl for further discussion: http://www.gnosisiplaw.com/blog/intellectual-property-news/spain-google-case-right-to-be-forgotten/