[kictanet] Fwd: [Internet Policy] 'Right to be forgotten' by Google should apply only in EU, says court opinion

[Ali Hussein]

Barrack

Although I'm not a 'learned friend' my take is this:-

1. Why is the European Court of Justice purporting to tell other regions
what they can and cannot do? Shouldn't those jurisdictions decide whether
or not to apply the same standards?
2. My other point relates to whether #BigTech should wait for courts or
regulators to force their hand? The writing is on the wall. Trust is at an
all time low. It's time to take control of the narrative and regain the
trust of the very users their business models are based on. Otherwise one
day they will wake up and have no viable business left. The annal
graveyards of business are littered with companies that suffered the
disease of Hubris and disregard for customer sentiments.

Regards


*Ali Hussein*

*Principal*

*AHK & Associates*



Tel: +254 713 601113

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin.com/in/alihkassim
<http://ke.linkedin.com/in/alihkassim>


13th Floor , Delta Towers, Oracle Wing,

Chiromo Road, Westlands,

Nairobi, Kenya.

Any information of a personal nature expressed in this email are purely
mine and do not necessarily reflect the official positions of the
organizations that I work with.


On Mon, Jan 14, 2019 at 5:40 AM Barrack Otieno via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Dear Listers,
>
> Interesting development. Learned friends what is your take?
>
> Regards
>
> ---------- Forwarded message ----------
> From: Joly MacFie <joly at punkcast.com>
> Date: Fri, 11 Jan 2019 10:58:48 -0500
> Subject: [Internet Policy] 'Right to be forgotten' by Google should
> apply only in EU, says court opinion
> To: "internetpolicy at elists.isoc.org" <InternetPolicy at elists.isoc.org>
>
> (Via Access Now)
>
>
> https://www.theguardian.com/technology/2019/jan/10/right-to-be-forgotten-by-google-should-apply-only-in-eu-says-court
>
> The “right to be forgotten”, which enables claimants to request the removal
> of links to irrelevant or outdated online information about them, should
> not be enforceable globally, the European court of justice (ECJ) has found
> in a preliminary opinion.
>
> The controversial power, requiring search engines to prevent access to
> material on the internet, should be enforceable only in the EU and not
> worldwide, the court’s advocate general, Maciej Szpunar, said. Final
> judgments by the ECJ usually endorse initial opinions.
>
> The case related to a dispute between Google and France’s National
> Commission for Information Technology and Civil Liberties (CNIL), with a
> number of UK and international free speech organisations saying that
> extending the power could encourage censorship in countries such as China,
> Russia and Saudi Arabia.
>
> In his opinion, the advocate general said the right to be forgotten must be
> balanced against other “fundamental rights”, such as the right to data
> protection, privacy and the legitimate public interest in accessing
> information.
>
> Szpunar said if worldwide “de-referencing” was allowed, EU authorities
> would not be able to determine a right to receive information or balance it
> against other fundamental rights to data protection and to privacy.
>
> <snip>
>
> --
> ---------------------------------------------------------------
> Joly MacFie  218 565 9365 Skype:punkcast
> --------------------------------------------------------------
> -
>
>
>
> --
> Barrack O. Otieno
> +254721325277
> +254733206359
> Skype: barrack.otieno
> PGP ID: 0x2611D86A
>
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