3 ms·
Read article 17 (3) of the draft regulation [1]: The controller shall carry out the erasure without delay, except to the extent that the retention of the pers
by rbehrends 14y ago
Read article 17 (3) of the draft regulation [1]:
The controller shall carry out the erasure without delay, except to the extent that the
retention of the personal data is necessary:
(a) for exercising the right of freedom of expression in accordance with Article 80;
[1] http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_en.pdf http://ec.europa.eu/justice/data-protection/document/review2...
- danso 14y agoThanks for posting the direct link to the legislation. Two things I noted: This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for reasons of public interest in the area of public health, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them. So these are the competing interests that I was alluding to. This: when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet -- covers everyone who has ever posted something on the Internet and regretted it. And this: for reasons of public interest in the area of public health, for exercising the right of freedom of expression -- is not at all a settled definition...freedom of expression lawsuits happen quite frequently. And speaking from the U.S. perspective, the EU's laws on free speech or quite different than the ones in the U.S.