The right to be forgotten
Drawing the line
Google grapples with the
consequences of a controversial ruling on the boundary between privacy and free
speech
The article starts from Spanish lawyer’s
case in which the European Court of Justice (ECJ) ruled in May that Google must
remove certain links on request. This ruling has established a digital “right
to be forgotten” and forced Google to tackle on setting boundaries between
privacy and freedom of speech.
Two rights had coexisted occasionally
offline, but online, these rights conflict frequently. Complicating matter is
that American people put much importance on freedom of speech, but on the other
hand, Europeans prefer to value on privacy.
Discussion:
(1) What kind of information should be
removed?
ECJ’s decision is vague. It ordered Google not
to show a link if it is “inadequate, irrelevant or no longer relevant” unless
there is a “preponderant” public interest. Google is now piling cases which can
help them to set boundaries of removal. What type of information do you think
should be removed from results?
(2) How should users be made aware of the
fact that the result has been affected by the ruling?
We already know that Google’s search
results are somewhat controlled by the company (ex: advertising banners) but we
still rely on its results. If Google change its results based on ECJ’s ruling, should
it state clearly that its results are changed on someone’s requests?
(3) Whether should Google remove links from
searches everywhere, not just on its European sites?
ECJ’s decision can be applied to other
regions. Google provides its service globally and right to know or to be
forgotten can be changed in places. What do you think Google should do in other
places if requested?
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