Thursday, 24 September 2015

Right To Forget Against Internet Archive

OLG Hamburg 7 U 29 / 12

The higher regional court of Hamburg, Germany, recently handed down a judgement that in its essential legal findings could well be adopted by courts across the EU in the future.

The court had to decide a case in which a national newspaper maintained on its website also an online archive containing articles of an older past. The plaintiff requested the deletion of an article in that archive about a closed investigation into a potential criminal offence by him, which  could be found by simply typing his name in an online search engine.

Weighing up the newspaper's protection under freedom of information and the plaintiffs right of privacy not to be infinitely associated with a potential crime the investigation into which had been closed by just typing his name into any online search engine the court found that both rights are protected if it is only possible and thereby permitted to find the article about the investigation by undertaking a much more detailed search online by place, date and other circumstances and not just by typing his name. 

Data Protection And ICO Transferred To Department For Culture, Media and Sport

The policy responsibility for data protection and the sponsorship of the UK Information Commissioner's Office ICO has been transferred to the Department for Culture, Media and Sport on 17th of September, previously held by the Ministry of Justice. The Information Commissioner commented that it made sense  for the ICO to be connected to debates around the digital economy for which the Department for Culture Media and Sport has responsibility.