{"id":136118,"date":"2018-04-13T15:54:51","date_gmt":"2018-04-13T21:54:51","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/?p=136118"},"modified":"2018-04-15T18:55:42","modified_gmt":"2018-04-16T00:55:42","slug":"google-loses-a-right-to-be-forgotten-case-in-the-uk","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2018\/04\/13\/google-loses-a-right-to-be-forgotten-case-in-the-uk.html","title":{"rendered":"Google loses a “right to be forgotten” case in the UK"},"content":{"rendered":"

European law around the “right to be forgotten” is pretty zany to start with. The idea is that people should be able to petition to have annoying, inconvenient, or possibly misleading information taken down off the Internet — or, in many cases, removed from search engines like Google.<\/p>\n

For example, X is convicted of a crime, which is covered by the news media, and those articles get linked to by Google. Later, the conviction is overturned. That may generate less linkage than the original arrest, trial, and conviction — such things usually do. Now X discovers that when people Google their name, the top results are the trial and conviction, not the overturning. So X sues to have Google “forget” about the trial and conviction, remove the links to those articles, so that we can pretend it never happened. The information is “outdated” or “irrelevant,” so X should be able to ask to take it down.<\/p>\n

That’s a relatively straightforward case, but the one that Google just lost is even dodgier. The judge basically ruled that, sure, the conviction happened, but it was a while ago, and it isn’t likely to happen again, and that the plaintiff has shown remorse … so those Internet links to news articles about the conviction should be taken down, too.<\/p>\n

Explaining his decision, the judge said … NT2 had shown remorse. He also took into account the submission that NT2\u2019s conviction did not concern actions taken by him in relation to \u201cconsumers, customers or investors\u201d, but rather in relation to the invasion of privacy of third parties. \u201cThere is not [a] plausible suggestion … that there is a risk that this wrongdoing will be repeated by the claimant. The information is of scant if any apparent relevance to any business activities that he seems likely to engage in,\u201d the judge added.<\/p>\n

He said his key conclusion in relation to NT2\u2019s claim was that \u201cthe crime and punishment information has become out of date, irrelevant and of no sufficient legitimate interest to users of Google search to justify its continued availability\u201d.<\/p>\n

It’s not that what happened was legally revised. Google just has to censor the record to pretend it never happened. Even though it did.<\/p>\n

This is not just more dangerous (letting the government decide what picture of historical reality is in the best interests of society and individuals, because how could that<\/i> possibly ever be abused), but the judge’s guidelines in the ruling are so vague and subjective, that I don’t see how Google (or anyone else) could possibly replicate them.<\/p>\n

I understand Europeans’ focus on privacy (at least from business and other citizens; not so much from their governments), but it really strikes me that what’s being put forward here is not privacy, but something Orwellian.<\/p>\n


\n
\n<\/a>
\nGoogle loses landmark ‘right to be forgotten’ case | Technology | The Guardian<\/a><\/span><\/p><\/blockquote>\n

View on Google+<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

European law around the “right to be forgotten” is pretty zany to start with. The idea is that people should be able to petition to have annoying, inconvenient, or possibly misleading information taken down off the Internet — or, in many cases, removed from search engines like Google. For example, X is convicted of a … Continue reading “Google loses a “right to be forgotten” case in the UK”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":136129,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106,35,3,133,715,108,132],"tags":[1503,1206,1504],"class_list":["post-136118","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-plusposts","category-big-business","category-blogging","category-censorship","category-crime-punishment","category-history","category-privacy","tag-censorship","tag-privacy","tag-righttobeforgotten"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2018\/04\/unnamed-44.jpg","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":127566,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/08\/21\/try-to-fine-tune-the-magic-search-fairy.html","url_meta":{"origin":136118,"position":0},"title":"Try to fine-tune the magic search fairy","author":"***Dave","date":"Fri 21-Aug-15 7:44am","format":false,"excerpt":"Apparently it's not enough, under the EU's \"Right to Be Forgotten\" directive that Google has to remove\/block search links to information about an individual that is deemed no longer \"accurate\" or \"relevant\" (an overturned conviction meaning that Fred Smith can ask to have \"Fred Smith ate live kittens\" stories rendered\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":41988,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/05\/15\/power-corrupts-and-petty-power-corrupts-pettily.html","url_meta":{"origin":136118,"position":1},"title":"Power corrupts, and petty power corrupts pettily","author":"***Dave","date":"Thu 15-May-14 9:57am","format":false,"excerpt":"Because, of course, when you crudely parody the mayor of Peoria on Twitter, you should expect the police to raid your house and charge you with any other crime they can dredge up with full access to your dwelling, your phones, computers, and online records. This is, after all, America.(h\/t\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":30619,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/10\/16\/court-rules-military-tribunals-cant-make-stuff-up.html","url_meta":{"origin":136118,"position":2},"title":"Court rules Military Tribunals can't make stuff up","author":"***Dave","date":"Tue 16-Oct-12 6:29pm","format":false,"excerpt":"Like, y'know, war crimes that aren't defined war crimes.Oh, well, what can you expect from a bunch of liberal activist judges appointed by goofballs like Dubya and Reagan? Embedded Link Appeals Court Overturns Terrorism Conviction of Salim Ahmed Hamdan, Bin Laden\u2019s Driver Salim Ahmed Hamdan\u2019s conviction for providing material support\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":52012,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/07\/31\/google-plans-to-challenge-frances-global-right-to-be-forgotten.html","url_meta":{"origin":136118,"position":3},"title":"Google plans to challenge France's global "right to be forgotten"","author":"***Dave","date":"Fri 31-Jul-15 10:28pm","format":false,"excerpt":"It's not challenging France's jurisdiction over French domains like Google.fr, but over information anywhere around the globe, such as Google.com. In other words, France's government privacy organization, CNIL, believes that its privacy laws apply not only to French data, but to data everywhere, and that a privacy takedown request should\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":41461,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/03\/19\/highway-robbery-the-more-or-less-legal-way.html","url_meta":{"origin":136118,"position":4},"title":"Highway Robbery the (More or Less) Legal Way","author":"***Dave","date":"Wed 19-Mar-14 9:53am","format":false,"excerpt":"Civil asset forfeiture laws were intended by legislatures to prevent criminals (stereotypically high-living drug lords) from profiting from their crimes by seizing assets involved in said crimes -- a getaway car, a fancy home paid for by crimes, etc.Instead, in too many cases (as noted in this story), they've become\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":43128,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/06\/18\/all-your-search-result-are-belong-to-us.html","url_meta":{"origin":136118,"position":5},"title":"All your search result are belong to us","author":"***Dave","date":"Wed 18-Jun-14 4:55pm","format":false,"excerpt":"Really? A Canadian court can not only control what Canadians can find on Google, but what I can, too? \u00a0Because it's \"just or convenient that the order should be made\"?Y'know, Canada, there's a lot I love about you, and glass houses and all that, but that's just wrong.Reshared post from\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/136118","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=136118"}],"version-history":[{"count":1,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/136118\/revisions"}],"predecessor-version":[{"id":136130,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/136118\/revisions\/136130"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media\/136129"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=136118"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=136118"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=136118"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}