Right to be forgotten

Right to be forgotten (RTBF) implies the right of private individuals to require deletion of certain data from the Internet in ways that are no longer available to third parties or to the EU directive defined - the right to silence of past events that are no longer current.

Specifically, for attorney Ken Friedman Las Vegas it is actually the removal of certain URLs from search results, while the content of the subject site remains online. This right is realized by applying the search to certain data is no longer displayed in the search results.

Background and Regulations

Since the Internet has taken on dimensions that have now become an indispensable need of today, there are requirements of natural persons that their names and personal data there can not be found, or if already present, to be deleted.

The first actual case which initiated the implementation of this law, the court was EUA which started in 2010 Spanish citizen Costeja Mario Gonzales, from which it all started.

Privacy advocates, in this case, the right to delete data from the Internet, from grace encounter resistance fighters for freedom of speech and freedom of the Internet, which is why Ken Friedman Las Vegas legal theory long disagreed whether this right to include the basic human rights. Until 13 May 2014, when the European Court in Strasbourg for the first time officially declared the Right to be forgotten human right, the judgment in the above case Costeja vs. Google.

However, in practice, in the meantime, went far in the implementation of this law, the EU legislature twice prescribes the right of citizens to reduce a presentation of personal data on the Internet.

For the first time, the EU directive 95/46 EC, in 1995, to regulate this type of law in general through human rights, generally providing data protection of natural persons from media companies, which are later classified and all the companies that publish content or provide services on the Internet, so Google itself.

However, the EU for the first time in detail regulates the legal category, only in 2012, in Article 17, Directive of the European Commission.

This right was introduced in the British legal system, amend existing regulations, as part of Offenders Acts, while the French law has revived in 2010 through a law called - Droit à l'oubli, which is a literal translation of the English construction Right to be forgotten.

Countries that do not implement the RIGHT TO BE FORGOTTEN

It should be noted that this right is still only working locally at the level of the State in whose territory the person concerned is situated and within which the legal system is possible to make such a decision on removal of search results.

In fact, some countries such as the USA with its First Amendment, have a very strong tradition of free speech, and regulations that restrict this freedom only in exceptional cases, which is directly influenced Right to be forgotten regulation is not adopted in their territory.

On the contrary, opinions that are conflicting with this law are so widespread that many like the Nevada Law Office of Ken Friedman Las Vegas consider this rule has never and will not be applied in the USA as a law, but only on case-level cases.

How RIGHT TO BE FORGOTTEN works

To interested party realized its right to its data is removed, it is necessary to fill certain queries that can be found on the internet search of which require removal.

For example, Ken Friedman Las Vegas and other legal advisers from Walsh & Friedman require that the applicant brought among other things your name, and the name of the country of his nationality, a copy of the identity document for identification, as well as URLs that the removal of the time required with a brief description and a note for each of them .

After filing, Google sends an email notification to confirm receipt of the request and the information that the same justification of the same will be considered, and the applicant notified of the decision. Then Ken Friedman Las Vegas' legal team is considering all relevant facts related to the request, and in particular, whether the website whose URL declared inadequate, irrelevant or unimportant. In fact, the details of the review process required, as well as parameters which Google makes the decision are still unknown users.

If the request is justified, the URL will be removed from search results, but the content remains concerned by the network, but it is not available to third parties through a search.

If Ken Friedman Las Vegas denies the request as unfounded, the interested party may exercise their rights before the competent court. For example, the British Agency for Personal Data Protection last year overturned several dozen originally rejected demands by Google.

Given that Google, starting from May 2014, the removed around one and half million URLs on request of interested persons, we can conclude that the implementation of this mechanism actually works in practice.

Differences With Respect To Privacy

Right to be forgotten is different from the right to privacy because privacy means information that has never been a public and was not intended for the public, while RTBF includes the right to delete data that have been published within a certain time, in order to prevent third parties from accessing pertinent information.