Trivial to implement "to be forgotten" (was: Re: [governance] [IP] On Monday EPIC Freedom Awards to Allen, Amash, The Guardian, Snowden + Google right to be forgotten link

[Lorena Jaume-Palasi]

This is not the point, Norbert:
1-the ECJ cannot judge on Art. 11 (freedom of expression): this competence
is for the courts of the member states.
2-the ECJ states Art.7 and 8, I quote "override in general" the public
interest
3-the data was public data. And it had to be published (this is why it
hasn't been deleted)
4-the ECJ decided, that public data cannot be deleted, but its reachability
must be restricted > this is not compatible with Art. 11, which warrants:




*Freedom of expression and information1. Everyone has the right to freedom
of expression. This right shall include freedom to hold opinions and to
receive and impart information and ideas without interference by public
authority and regardless of frontiers.2. The freedom and pluralism of the
media shall be respected.*
Since when has public data a date of expiry?
The privat sphere must be protected. But also the public sphere needs to be
protected from privatization.
And this is not what the ECJ is doing. Quite on the contrary as many
scholars have been explaining the last weeks:

e.g.
http://blogs.law.harvard.edu/futureoftheinternet/2014/05/13/is-the-eu-compelling-google-to-become-about-me/
http://thejusticegap.com/2014/05/right-forgotten/
http://www.nytimes.com/2014/05/15/opinion/dont-force-google-to-forget.html
http://www.wired.co.uk/news/archive/2014-05/15/google-vs-spain
http://motherboard.vice.com/read/will-europes-right-to-be-forgotten-actually-hurt-the-web-we-asked-an-expert
http://policyreview.info/articles/news/google-spain-case-court-decision-privatises-public-sphere/291
Best
Lorena


2014-05-31 12:07 GMT+02:00 Norbert Bollow <nb at bollow.ch>:

> John Curran <jcurran at istaff.org> wrote:
>
> > Do any provide an answer?  I am not taking a position either
> > way, just seeking to understand of how the court felt that
> > relevance changing in the future should be handled...
>
> That wasn't part of the question that the court was asked to answer.
>
> The ruling implies only that in the kind of situation that you
> describe, the ruling will stop being applicable to the situation when
> the change of relevance has occurred.
>
> That said, I'm not sure that there is a significant issue here. When
> old information suddenly becomes relevant again, I'd expect that someone
> who remembers it will blog about it, and that blog post would
> automatically not be covered by the decision of removing specific URLs
> of old documents from the search index.
>
> Greetings,
> Norbert
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
>      governance at lists.igcaucus.org
> To be removed from the list, visit:
>      http://www.igcaucus.org/unsubscribing
>
> For all other list information and functions, see:
>      http://lists.igcaucus.org/info/governance
> To edit your profile and to find the IGC's charter, see:
>      http://www.igcaucus.org/
>
> Translate this email: http://translate.google.com/translate_t
>
>


-- 
Lorena Jaume-Palasí, M.A. ∙ Coordinator of the Global Internet Governance
(GIG) Ohu
 Internet & Gesellschaft Co:llaboratory e.V.
www.collaboratory.de ∙ Newsletter
<http://feedburner.google.com/fb/a/mailverify?uri=collaboratory&loc=de_DE> ∙
 Facebook <http://goo.gl/eJVZn> ∙ Twitter <http://goo.gl/sUFM5> ∙
<http://www.youtube.com/user/CollaboratoryVideo?feature=CCAQwRs%3D>Youtube
<http://www.youtube.com/user/CollaboratoryVideo?feature=CCAQwRs%3D>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20140531/7f47ec6a/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t