Mar 162023
 March 16, 2023  Posted by  Non-U.S., Online, U.S.

Eric Goldman writes:

This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. See, e.g., this post (scroll down for the updates). But every time the RTBF is applied to my blog, it’s probably a wrongful application of a misguided policy and worth relaying here.

Here is the notice I recently received:

Notice of de-indexing of a post due to EU data protection laws. Source: Technology & Marketing Law Blog.

Read Eric’s discussion of the de-indexing issue on Technology & Marketing Law Blog. As he discusses, the only individuals named in the post in question were two American celebrities and a French national involved in hacking the Twitter accounts. We agree with Eric’s hypothesis that the French national requested the de-indexing. So now Google has de-indexed a post that dealt with an issue that was serious at the time, and that is still relevant in light of recent events.

The issue that has occasionally affected Eric’s blog also poses potential problems for and, as both sites report and discuss news involving named individuals who may have committed or been convicted of crimes. DataBreaches’s policy has been to remove names of people if we become aware or are provided with proof that they were never convicted or were acquitted. Neither of these sites just routinely removes old news stories, redacts, or removes names, and we will continue to fight for press freedom.

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