5 ms·
When can Congress pass a law requiring newspapers to delete information it has collected about somebody?
by SamReidHughes 8y ago
When can Congress pass a law requiring newspapers to delete information it has collected about somebody?
- CamTin 8y agoThey've done so in other industries a couple times with HIPAA and FERPA. What makes newspapers different?
- SamReidHughes 8y agoFERPA's tied to federal funding. The constitution specifically calls out for a "free press."
- duxup 8y agoI don't think things like GDPR and "free press" are in conflict like you think they are.... at least you haven't explained how they are supposedly in conflict. HIPAA exists... and it doesn't prevent the press from using that information.
- SamReidHughes 8y agoPart of free speech is being able to gather and record information. Observation.
- duxup 8y agoThe press can do that... that's allowed. I'm not sure your really have a good grasp on what any of these laws actually do, let alone 'free speech'. You keep alluding to complications that don't exist and don't explain what you're talking about.
- SamReidHughes 8y agoIf the GDPR didn't affect press freedom, the USA Today wouldn't be serving a different version of its website to EU users.
- hannasanarion 8y agoHave you considered that USA Today doesn't have an exquisite understanding of the law? Or perhaps, that USA Today is collecting tracking data on its users and selling it secretly to 3rd parties and doesn't want to stop spying? Plenty of other newspapers have had no problem implementing GDPR. It's as simple as not spying on your users.
- duxup 8y agoI think you should look into the differences and think critically about why there are differences.
- Dylan16807 8y agoThey're serving the same articles. For "press freedom" defined as the writing and publishing of articles, it's unaffected. For "press freedom" defined as literally any action a member of the press takes, sure it's affected, but that's a very flawed definition. It's not like drunk driving laws are an infringement on "press freedom", even though they occasionally affect members of the press.
- Mvandenbergh 8y agoThe way that works (and in fact the way that classification of government secrets works in the US) is that this information is 'born secret'. This information is has to be kept away from the public, including journalists, but there is no law preventing journalists from publishing information about someone's health. HIPAA doesn't cover journalists, it just prevents covered entities from giving journalists information.
- duxup 8y agoMy doctor can't share information even if he has collected it about me. It's not like information doesn't have restrictions already, those situations do not seem to have been ruled unconstitutional...
- DanBC 8y agoGDPR can't do that either.
- SamReidHughes 8y agoIt does do that.
- hannasanarion 8y agoNo it doesn't. Newsworthy information is an explicit exception listed in Article 17, and so is free speech.
- SamReidHughes 8y agoWho decides newsworthy? Their subscriber list is newsworthy if they deem it so.
- hannasanarion 8y agoFirst, the company decides whether the request needs to be complied with or not, and if the user doesn't like that decision, they can complain to the regulators who may choose whether the refusal is worth looking into.
- SamReidHughes 8y agoRegulators.
- DanBC 8y agoNo. Here's the full text of the right to erasure. Pay attention to all the reasons given for why processors can ignore the request to erase data. https://gdpr-info.eu/art-17-gdpr/ https://gdpr-info.eu/art-17-gdpr/ But then look at para 3. > Paragraphs 1 and 2 shall not apply to the extent that processing is necessary: > for exercising the right of freedom of expression and information;
- Dylan16807 8y agoI think you're conflating GDPR with other laws. GDPR isn't about editorial content, it's about data you collect on your users.
- SamReidHughes 8y agoWhich is information you might want to keep and share. So that you can talk about people. Example: if I want to say Brian accessed my website last Thursday.
- Dylan16807 8y agoYou can do journalism about Brian specifically, but you can't preemptively store information about everybody just in case.
- SamReidHughes 8y agoThen you can't keep information around necessary to defend yourself against defamation.