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EXACTLY A YEAR ago, the European Court of Justice passed a ruling that would pave the way for ‘the right to be forgotten.’
Under certain conditions, an individual could request certain information to be removed if “the data appeared to be inadequate, irrelevant or no longer relevant.”
What this meant was provided you were successful, Google and other search engines would remove or edit certain search results from terms provided they met these criteria. Since Google is the dominant search engine in Europe, holding between 90% to 96% of the market share, the ruling brought it into the spotlight.
A year on, what does it mean for individuals?
While nothing has changed in the actual ruling, that hasn’t stopped the confusion over who’s responsible for enforcing this and who isn’t. The main points to keep in mind are:
The ruling only applies to search engines like Google and Bing. It does not affect any other site.
All requests are dealt with by the search engines, not the site with the information.
Each request is dealt with on a case-by-case basis.
The search engine weighs up whether the information about the person is outdated or inaccurate. Also, whether the information is in the public interest or not will also be taken into account.
If a request is granted, only the search engine is affected. News publications have no obligation to take down or modify the information in question as they’re protected under European data protection law. Google isn’t a media company hence why it’s not protected by this.
The ruling only applies to the European versions of search engines. Global versions of the same site aren’t affected.
If a request is rejected, the person can request that their local data protection authority reviews the decision.
If a request is granted, it only affects the indexing of said information. The information will still be out there, but just harder to find.
What must you do if you want data removed from Google?
You must provide links to the material in question, your home country, a photo ID and an explanation as to why the links should be removed. In this case, Google deals with the requests directly.
How many requests were made since the ruling passed?
Since Google dominates search results in Europe, requests have been directed towards them. Since it started accepting requests for removal on 29th May, 253,617 requests have been made across Europe with 920,258 URLs evaluated, according to the most recent update. Of those URLs evaluated, 321,543 or 41.3% were removed.
In Germany, a teacher who was convicted for a minor crime over 10 years ago requested Google to remove an article about the conviction. The page no longer appears when someone searches for the individual’s name.
In Sweden, a woman requested that it remove pages from search results showing her address. The pages showing this no longer appear when you search for her name.
In Italy, one person requested that 20 links to articles about his arrest for financial crimes committed in a professional capacity would be removed. The request was rejected.
In the UK, one person requested that links to articles which referenced his dismissal for sexual crimes committed on the job to be removed. The request was denied.
Since each request is dealt with on a case-by-case basis and the reasoning for each one isn’t revealed, figuring out why certain requests are granted is difficult.
What are the main criticisms?
There have been a few, but the main ones concern freedom of speech and its wider implications.
While the information is still there, the links are only removed for specific search results and the reasoning behind said removals can be unclear.
While it was initially assumed the request came from the individual named, it’s believed the request was likely made by a commenter, which brings up its own set of problems.
Wikipedia founder Jimmy Wales criticised the ruling when it was made saying it could make it more difficult to make real progress on privacy issues. Anthony Devlin / Press Association Images
Anthony Devlin / Press Association Images / Press Association Images
Also, Google has criticised the fact it has to be the judge, saying it doesn’t necessarily have enough information to make a decision.
Some of those making the requests give false or misleading information, and in certain cases, that’s usually all the info it has to work with. As a result, it has been criticised for some of its decisions (with some links being reinstated), but it has insisted it’s just following the ruling.
While links were removed from certain search results, the pages could still be found through using other terms or through Google.com, a concern for the European privacy watchdogs.
Back in February, Europe’s privacy watchdogs rejected the conclusions reached by an independent group advising it on how best to apply last year’s ruling. The group said Google could continue its policy of removing sensitive links from the European versions of Google’s sites.
However, European regulators believe that this approach undermines the entire purpose of the ruling by not applying it globally, and not doing this was disobeying the law.
“We’re not going to change our mind” Isabelle Falque-Pierrotin, the chair of the French data protection agency CNIL told the Financial Times at the time. “At some point, if they don’t agree to what we have asked them to do… they will have to face a judicial question.”
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What no mention of KPMG?
Irish Nationwide’s auditors?
Aka IBRC’s/Irish Naitionwide’s “Special” Liquidator????
KPMG aka that “upstanding” big 4 accountancy firm of “experts” that gave Irish Nationwide a clean bill of health when it was in truth bust????
KPMG that “fine team of professionals” that go around the country terrorising small taxpaying business owners,
as KPMG have now got huge contracts from our government that has them now acting as receivers for our bust banks.
More jobs for your inept greedy boys, Noonan???
If Bernie Madoff lived in Ireland he’d be Taoiseach.
That Sh1t colored gravy train goes on!!
Why is this clown allowed keep his account active he just churns out pure crap over and over its accounts like this that muddy any polls or forums. Its plain to see can you just kick it to the curb already
The time for revolution is here. How can any citizen of this benighted country not weep on reading this article? I feel ashamed at the bunch of useless, inept gobdaws we have allowed to sit in authority over us. The reality is any dog on the street could assume leadership of this country given that all important decisions are made by (handsomely) paid consultants. I volunteer for the job.
We need to bring in a few Consultants from the Ukraine, to advise us how to get rid, by peaceful means of a Democratically elected Government not governing Democratically. The interests of the people are being usurped, and abused, in the interest of the few- the same old preferred, and incompetent elite.
Johnny, no truer word was ever spoken. Now, how do we import some actual spine, you know, that thing that makes you willing to take actual, personal, risks to change this shitty situation?
Goldman Sachs – perhaps heavily vested interests in paying off all bondholders.
Arthur Cox – perhaps partners and clients up to their eyeballs in property and anglo loans.
I wonder what sort of advice they would have provided? Burn the bondholders? Liquidate the bank and call in all the loans?
Hey, advice to open something, advice to keep something open and advice to close something and all from the same over paid advisors and costing over €17,000 per day. Some one remind me why we have ministers again please?
Idiot bankers …idiot government looking after their idiot consultants pals & we taxpayers foot the bill. We have keystone cops, a muppet government, a justice system that jails pensioners while they let sex offenders & murders roam free. This country is sad place to live in now
An excellent example of government policy: bleed the majority of every spare cent they have in tax hikes, new charges and pay cuts while the elite are fed from the trough. And labour continue to stand idly by, traitors.
Thats what happens when we vote for people who are totally unsuitable for the. How many school teachers are in the Dail? That is the reason they have to hire ” consultants”. Imagine being hired as a carpenter and then having to hire someone to show you you how to hang a door. That is what we do every few years!
How many if these consultants also work for the banks??? Do they have to declare if they do? Often large solicitors firms work for banks and revenue and they don’t declare it. Girds who they share the insider information with??!!!
It’s pretty bad that we have this gravy train to companies like these but is there even a tendering process where consultants compete or does the government just pick one and give them a blank cheque.?
We need a new party in this country kick out shell and take it over so cheaper fuel by 50%
Kinsale oil and gas as well barry roe oil start pumping it plenty of skilled people looking for work
Bring interment back for politicians all party’s who lie for financial gain .
If they protect the chosen few strip them of all assets including business they buy back for nothing from Nama And get family members to buy them for cents .
And what advice did they get,
A) you must give more money to banks;
B) you must not give mortgage holders a break;
C) you must pay up front for advice.
In other countries, vomit inducing reports like this would have people on the streets protesting about the stupidity of it all, trying to remind the government that they were elected to serve the citizens, not the corporations.
But not here, here the citizen gets strapped to a table, gets rodgered repeatedly and relentlessly, gets lied to incessantly by being told that it is all for your own good, and accepts it without a murmur.
It’s no wonder the country is fcuked.
All modern day irish politicians are interested in are the three p’s, the power , the perks, and the pension. I have a feeling i will be waiting a long time to be convinced otherwise.
We also give away 620 million euro to foreign aid .money that should be spent on work like the athy kildare housing project . Rebuilding of unfinished estate . 35 families rehoused
All our modern day irish politicians are interested in are the three p’s, the power , the perks, and the pension. They are just a bunch of corrupt conmen who have run this country into the ground, and disgraced it’s good name. I have a feeling i will be waiting a long time to be convinced otherwise.
If I understand the comments correctly, most people would prefer that governments not seek advice on anything, and instead just make everything up as they go along. You may get your wish.
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