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Tag Archives for " right to be forgotten "

Google’s Right-to-Be-Forgotten Fine Toppled by French Court

Google won a battle over the right to be forgotten after France’s top administrative court canceled a fine of 100,000 euros ($111,000) for failing to remove contentious search results globally.

France’s Council of State threw out the 2016 penalty, following guidance from the European Union’s highest court which last year backed the Alphabet Inc. unit by saying it should only scrub search results on European versions of its websites.

Source: Google’s Right-to-Be-Forgotten Fine Toppled by French Court – BNN Bloomberg

Iowa senator to introduce ‘right to be forgotten’ law

A state senator wants to spare Iowans the agony of search engines digging up past indiscretions they would rather forget, or at least keep hidden from public view.

Bill is designed to protect Iowans who post information online “and half a decade later decide to go back and clean up their social media space before they apply for a job or move into a new opportunity in life,” said senator.

Source: Bill gives Iowans chance to ‘forget’ bad tweets | The Gazette

Most Americans support the right to be forgotten online

Americans prefer to keep certain information about themselves outside the purview of online searches, according to a Pew Research Center survey.

74% of U.S. adults say it is more important to be able to “keep things about themselves from being searchable online,” while 23% say it is more important to be able to “discover potentially useful information about others.”

Source: Most Americans support the right to be forgotten online | Pew Research Center

German Constitutional Court Reshapes “Right to be Forgotten” and Expands Its Oversight of Human Rights Violations

In two recent landmark decisions issued on November 6, 2019, the German Constitutional Court presented its unique perspective on the “right to be forgotten” and announced that it will assume a greater role in safeguarding German residents’ fundamental rights from now on.

In first case the court held that since media nad privacy rights are not fully harmonized by EU law, the fundamental rights guaranteed by the German Basic Law (Grundgesetz) applied. The court stressed that in areas where the law is not fully harmonized, the application of fundamental rights granted by national constitutions can lead to different outcomes in the Member States.

In second case the court followed the Google Spain decision with respect to the general principles, in particular by confirming that the right at stake was the right to privacy. However, in the end, Google prevailed and the court did not order the takedown of the links at issue.

Full article: German Constitutional Court Reshapes “Right to be Forgotten” and Expands Its Oversight of Human Rights Violations

Google wins landmark right to be forgotten case

Europe’s top court has ruled that Google does not have to apply the right to be forgotten globally.

It means that firm only needs to remove references to articles and other material from its search results in Europe – and not elsewhere – after receiving an appropriate request.

The ruling stems from a dispute between Google and a French privacy regulator.

Source: Google wins landmark right to be forgotten case

CJEU to answer questions about Right to be delisted

French court the Conseil d’Etat has requested the European Court of Justice for a preliminary ruling on a series of questions concerning the implementation of the right to be delisted from search results.

The right to be delisted is not absolute. Insofar as the removal of links from the list of results displayed following a search made on the basis of a person’s name may have consequences on the legitimate interest of internet users to receive access to information, the European Court of Justice proceeds to strike a balance between such interest and the person’s fundamental rights, in particular the right to private life and to the protection of personal data.

Source: Right to be delisted

Right to delete is coming to Australia

Shadow Assistant Treasurer Stephen Jones said his party secured a “breakthrough commitment” from the government that would see the Consumer Data Right (CDR) gain the ability have consumer information deleted.

This new legislation will give Australian consumers an “off switch” when it comes to data sharing. Off switch would mean that a consumer will have the power to determine when a company should no longer hold their data.

Source: Labor thinks the right to delete is coming for Australia’s CDR after winter break | ZDNet

Italian DPA Issues Judgment Concerning ‘Right to be Forgotten’

On July 22, 2019, the Italian supervisory authority for data protection (Garante) issued a judgment involving the so-called “right to be forgotten”.

The Garante held that, in accordance with Article 21 of the GDPR, the data subject has the right to object to the processing of personal data on the grounds of his or her particular situation.

On that basis, Google is required to stop the processing of the personal data unless it can demonstrate compelling legitimate grounds.

Furthermore, the Garante made clear that the principles of data protection apply to any information concerning an identified or identifiable natural person. Thus “right to be forgotten” applies to any searches, not exclusively to searches by individual’s name.

Source: Italian Supervisory Authority Issues Judgment Concerning ‘Right to be Forgotten’

Amazon now lets you tell Alexa to delete your voice recordings

You’ll now be able to say, “Alexa, delete everything I said today.”

Amazon stores recordings of every request you’ve made to an Alexa device (theoretically, to help improve the voice recognition service and other features). Despite this being largely unnecessary, Amazon doesn’t provide a way to disable the long-term storage of voice recordings or have them deleted on a regular basis.

Full article: Amazon now lets you tell Alexa to delete your voice recordings – The Verge

Canada’s Federal Court sidesteps constitutional questions in Google ‘right to be forgotten’ case

Google LLC was handed a setback this month in a case over the so-called “right to be forgotten” when Canada’s Federal Court adjudicator ruled that it won’t delve into the thorny constitutional questions wrapped up in the matter.

Instead, the Federal Court will judge two specific points related to Canada’s privacy law, in a reference case brought forward by federal privacy commissioner Daniel Therrien.

The right to be forgotten does not currently exist in Canada as it does in Europe, where people can contact search engines and request that links be removed from search results related to a person’s name, if they feel that the information is “inadequate, irrelevant, or no longer relevant.”

Source: Federal Court sidesteps constitutional questions — for now — in Google ‘right to be forgotten’ case | Financial Post

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