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In May 2014, the European Court of Justice ruled that internet users have the quote “right
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to be forgotten”. They ordered Google to remove undesirable links to personal data
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that is “inaccurate, inadequate, irrelevant or excessive” when asked to do so. However,
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opponents of the ruling say that it is a form of censorship, and could have a chilling effect
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on internet speech. So, should you have the right to be forgotten on the internet?
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This idea is actually not a new legal concept. A decade ago, the 1995 European Union Data
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Protection Directive set the stage for updated privacy rules in the digital era. With the
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ubiquitous nature of internet record keeping, erasing information is not as easy as it used
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to be. Many believe legal protections need to catch up with the 21st century.
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The problem with the right to be forgotten is that it inherently contradicts the right
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to free speech. A person cannot simply have information removed because he or she disagrees
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with or dislikes its content. But when information fits the profile of “inaccurate, inadequate,
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irrelevant or excessive”, courts will have to weigh how damaging the information is to
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the person versus how relevant that information is to the public. Often the decisions are
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made on a case-by-case basis. Examples would be arrest records, revealing photos, regrettable
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tweets, and even false accusations or rumors.
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However, critics of the ruling point to some controversial cases as examples of unnecessary
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censorship. One news agency reports that a story about a Scottish man who strangled his
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wife in 2002 was removed by Google as a result of the new ruling. Other stories, which may
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be important to the public, pertaining to things likes tax evasion or theft, were also
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deleted. Many feel that this kind of removal of information violates freedom of speech,
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and public access to data. About a quarter million requests for Google to remove information
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have already been made.
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Currently, the ECJ ruling affects only search results on the European version of Google,
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and the removed results still appear when searched on Google.com. No actual content
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is erased, and the nature of the internet suggests it will exist indefinitely. So, unfortunately,
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according to current laws, whether or not you have the “right to be forgotten”,
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is mostly irrelevant.
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Google, despite struggles is one of the most powerful companies in the world. To learn
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more about how influential they really are… take a look at our video here. Click the link
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in the description to see the whole thing. Thanks for watchin’ TestTube, don’t forget
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to subscribe!