About the European Commission's proposed regulation "right to be forgotten". I teach a class where this came up and made the following notes. And I can't now find a reference to my source document(s), but must have grabbed from somewhere so apologies to the original source. I can dig around if anyone's interested I think the relevant document before EU Parliament is at <http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_...> Just because it has a daft name, "right to be forgotten", doesn't mean it doesn't contain some very legit/good proposals. Adam Right to Be Forgotten is not well named and as a result some (often U.S.) press and experts have ridiculed the "right" as impossible and therefore rather stupid. European security agency ENISA also made fun, and should have known better. It has been published by the Commission but not yet passed by Parliament. Intent is really to express a reasonable right to be forgotten, not absolute, it's about deleting data. The "Right to be Forgotten" is confusing. Delete when: * The data controller no longer has a legitimate need to process/hold the data * Consent to hold the data is withdrawn (implies knowing the data's being held in the first place) * The data subject objects to the data being collected/held * The data was collected illegitimately * Transmitted to third parties, the data controller is responsible for informing the third parties of the request for deletion But it is not an absolute right: data can be retained if there is public interest or the data controller/third parties have rights (usually free speech), but might also be the complexity of deletion. END Adam On Thu, May 2, 2013 at 4:03 PM, Alan Greenberg <alan.greenberg@mcgill.ca> wrote:
I think it is less an issue of whether the information exists and more of just how readily findable it is.
But you pose an interesting question. A number of years ago in Canada, there was a trial following a particularly gruesome pair of rape-murders and the judge imposed a publication ban. Of course, US newspapers just over the border covered the story and were not subject to the publication ban. There were in fact some libraries in Canada that carefully cut out the stories before putting the papers on display. Although before the age of powerful search engines, USENET and other Internet resources did make the ban close to useless.
As universities were the major source of Internet connectivity at the time, I had some very interesting discussions with our lawyers about whether we were "publishing" the story when we let it flow through our servers.
Alan
At 5/2/2013 02:44 AM, Roberto Gaetano wrote:
I am wondering what happens with copies of newspapers that are stored in libraries. Would Martin have the right to go to the libraries and cut out from the paper copies of the newspapers the articles about her case? R.
-----Messaggio originale----- Da: at-large-bounces@atlarge-lists.icann.org [mailto:at-large- bounces@atlarge-lists.icann.org] Per conto di Omar Kaminski Inviato: giovedì 2 maggio 2013 02:07 A: Carlton Samuels Cc: <whois-wg@atlarge-lists.icann.org>; lac-discuss-en@atlarge- lists.icann.org; At-Large Worldwide Oggetto: Re: [At-Large] [lac-discuss-en] The Right to Be Forgotten
This right to be forgotten is being defended right now because the children and young people who did a lot of trouble and silly things online. Then they grow up and want others to forget all the mess they did.
Anyway the information could be located anywhere in the globe. How to erase things in servers locaded in different jurisdictions?
Internet has memory, and I personally don't agree with this "right". Think before, practice the auto-censorship. Avoid silly things or be responsible with the results.
Omar
2013/5/1 Carlton Samuels <carlton.samuels@gmail.com>
.....you didn't see me! Who you going to trust? Me or your own two lying eyes?
Erasing facts....and re-writing history. Or, just the hagiograph's payday arrived...
http://www.nytimes.com/2013/04/29/opinion/keller-erasing-history.html? src=recg
-Carlton
============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= _______________________________________________ lac-discuss-en mailing list lac-discuss-en@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-en
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org