RTBF – Absolute EU law doesn’t create an absolute right Crowther 14 Hannah Crowther Bristows LLP, “Google v Spain: is there now a ‘right to be forgotten’?” Journal of Intellectual Property Law & Practice, 2014, Vol. 9, No. 11 9/16/14 [PDI] the right to be removed from the displayed search results is not an It is crucial to understand, however, that absolute right. there will be circumstances where the interests of the public The CJEU acknowledged that in accessing the information will prevail, for example due to the role which the individual plays in public life. One obvious difficulty with this particular example is that it seems more likely that people will try to ‘clean up’ their internet profile before taking up a role in public life. RTBF enjoins controllers to eliminate the data from 3rd party sites too Larson 13 Robert G Larson III, MA Journalism and Mass Communication from Minnesota, “FORGETTING THE FIRST AMENDMENT: HOW OBSCURITY-BASED PRIVACY AND A RIGHT TO BE FORGOTTEN ARE INCOMPATIBLE WITH FREE SPEECH” 18 Comm. L. & Pol'y 91, Winter 2013 [PDI] Given the value that the Europe places on personality and informational self-determination, it should come as no surprise that informational self-determination features prominently in the European Commission's draft General Data Practices Regulation. n107 Article 17 of the document, titled "Right to be Forgotten and to "[t]he data subject shall have the right to obtain from the controller Erasure," provides that [*105] [of such the erasure of personal data relating to them and the abstention from further data] dissemination of such data." Article 17 imposes an affirmative duty on the data n108 Further, controller to secure erasure by third parties and to prevent their further dissemination of that data: the controller shall take all reasonable steps, including Where ... has made the personal data public, it technical measures, to inform third parties which in relation to data for the publication of which the controller is responsible, are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication the controller shall be considered responsible for that publication. of personal data, n109
RTBF – Absolute EU law doesn’t create an absolute right Crowther 14 Hannah Crowther Bristows LLP, “Google v Spain: is there now a ‘right to be forgotten’?” Journal of Intellectual Property Law & Practice, 2014, Vol. 9, No. 11 9/16/14 [PDI] It is crucial to understand, however, that the right to be removed from the displayed search results is not an absolute right. The CJEU acknowledged that there will be circumstances where the interests of the public in accessing the information will prevail, for example due to the role which the individual plays in public life. One obvious difficulty with this particular example is that it seems more likely that people will try to ‘clean up’ their internet profile before taking up a role in public life. RTBF enjoins controllers to eliminate the data from 3rd party sites too Larson 13 Robert G Larson III, MA Journalism and Mass Communication from Minnesota, “FORGETTING THE FIRST AMENDMENT: HOW OBSCURITY-BASED PRIVACY AND A RIGHT TO BE FORGOTTEN ARE INCOMPATIBLE WITH FREE SPEECH” 18 Comm. L. & Pol'y 91, Winter 2013 [PDI] Given the value that the Europe places on personality and informational self-determination, it should come as no surprise that informational self-determination features prominently in the European Commission's draft General Data Practices Regulation. n107 Article 17 of the document, titled "Right to be Forgotten and to Erasure," provides that "[t]he data subject shall have the right to obtain from the controller [*105] [of such data] the erasure of personal data relating to them and the abstention from further dissemination of such data." n108 Further, Article 17 imposes an affirmative duty on the data controller to secure erasure by third parties and to prevent their further dissemination of that data: Where the controller ... has made the personal data public, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication of personal data, the controller shall be considered responsible for that publication. n109