[LINK] The Right to Be Forgotten

[Tom Worthington]

On 28/01/12 09:06, Richard Chirgwin wrote:

> http://ec.europa.eu/justice/newsroom/data-protection/news/120125_en.htm
> Scroll down to the PDF of the proposed directive ...

Got it:

"... Article 17 provides the data subject's right to be forgotten and to 
erasure. It further elaborates and specifies the right of erasure 
provided for in Article 12(b) of Directive 95/46/EC and provides the 
conditions of the right to be forgotten, including the obligation of the 
controller which has made the personal data public to inform third 
parties on the data subject's request to erase any links to, or copy or 
replication of that personal data. It also integrates the right to have 
the processing restricted in certain cases, avoiding the ambiguous 
terminology “blocking”. ...

(53) The principles of fair and transparent processing require that the 
data subject should be informed in particular of the existence of the 
processing operation and its purposes, how long the data will be stored, 
on the existence of the right of access, rectification or erasure and on 
the right to lodge a complaint. Where the data are collected from the 
data subject, the data subject should also be informed whether they are 
obliged to provide the data and of the consequences, in cases they do 
not provide such data.

Any person should have the right to have personal data concerning them 
rectified and a 'right to be forgotten' where the retention of such data 
is not in compliance with this Regulation. In particular, data subjects 
should have the right that their personal data are erased and no longer 
processed, where the data are no longer necessary in relation to the 
purposes for which the data are collected or otherwise processed, where 
data subjects have withdrawn their consent for processing or where they 
object to the processing of personal data concerning them or where the 
processing of their personal data otherwise does not comply with this 
Regulation.

This right is particularly relevant, when the data subject has given 
their consent as a child, when not being fully aware of the risks 
involved by the processing, and later wants to remove such personal data 
especially on the Internet. However, the further retention of the data 
should be allowed where it is necessary for historical, statistical and 
scientific research purposes, for reasons of public interest in the area 
of public health, for exercising the right of freedom of expression, 
when required by law or where there is a reason to restrict the 
processing of the data instead of erasing them.

(54) To strengthen the 'right to be forgotten' in the online 
environment, the right to erasure should also be extended in such a way 
that a controller who has made the personal data public should be 
obliged to inform third parties which are processing such data that a 
data subject requests them to erase any links to, or copies or 
replications of that personal data. To ensure this information, the 
controller should take all reasonable steps, including technical 
measures, in relation to data for the publication of which the 
controller is responsible. In relation to a third party publication of 
personal data, the controller should be considered responsible for the 
publication, where the controller has authorised the publication by the 
third party. ..."

From: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL on the protection of individuals with regard to the processing 
of personal data and on the free movement of such data (General Data 
Protection Regulation), COM(2012) 11 final 2012/0011 (COD), European 
Commission, Brussels, 25.1.2012: 
http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_en.pdf


-- 
Tom Worthington FACS CP, TomW Communications Pty Ltd. t: 0419496150
PO Box 13, Belconnen ACT 2617, Australia  http://www.tomw.net.au
Liability limited by a scheme approved under Professional Standards
Legislation

Adjunct Senior Lecturer, Research School of Computer Science,
Australian National University http://cs.anu.edu.au/courses/COMP7310/