Jonathan Fryer

Writer, Lecturer, Broadcaster and Liberal Democrat Politician

Archive for March 1st, 2018

The Right to be Forgotten

Posted by jonathanfryer on Thursday, 1st March, 2018

Right to be ForgottenLast night I did a TV interview about the first British court case regarding the EU’s so-called Right to be Forgotten law, now being heard at the High Court. Actually, originally the broadcast was meant to be a debate with someone else, presumably from Google, which is contesting the claim against it, but there was a glitch with the skype link to him. Because the matter is sub judice, I don’t know the name of the plaintiff or the exact nature of the charge for which he was convicted years ago, other than it related to fraudulent accounting. The claimant is asking Google to remove links to articles about his case from their search engine, on the grounds that the 1974 UK Rehabilitation of Offenders Act means that some time after he had received the punishment for the crime the conviction then became “spent” and therefore should not hang around his head like a millstone, any time anyone does a Google search on his name. This is reminiscent of the case of a Spanish businessman years ago which led to the European Court of Justice in Luxembourg bringing in the Right to be Forgotten in 2014, by which information provided through search engines that is incorrect, irrelevant or out-of-date can be removed. The Spaniard had hit financial difficulties and his property was sold off at auction, but he argued that as he tried to re-establish himself he should not be penalised by details of that situation being easily accessible. The ECJ judges were influenced by a concern that the privacy of EU citizens should be protected as much as is appropriate, which is, I imagine, why Hacked Off has got involved in the case now being discussed here in England. That is actually the first of its kind in this country, though another one is due soon. Google is arguing that it is in the public interest for the information about the plaintiff’s criminal record to be readily available. But it is interesting to note that of the approximately 2.4 million (sic) requests to Google to take down links made globally so far, 800,000 were successful. So something to watch!

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