Hi Stephen,

thank you for sharing this! I do like the position so far and do agree that this, well, let's call it half-baked court decision causes a lot of problems without actually solving the issue at hand (data protection, right to privacy) and I therefore welcome the WMF being active here.

Just one thing that is important to me: Since the General Data Protection Directive is currently in the making in the EU, Google is trying to use this terrible court decision as a lobbying tool to remove other unwelcome passages in the legislation. We must be careful not become a pawn in between Google's interests and the data protection advocates.

Both freedom of knowledge and right to privacy are legitimate demands. I believe we should stand up against the court decision and its implementation, not necessary the principle, since even we at Wikipedia do permanently delete some information we consider too personal. The incomprehensible thing here  is that the de-indexed data is perfectly legal and remains published, but has to be legally de-indexed.

Just to clarify, I don't think this has happened, I simply want to warn of such a risk. I think WMF Legal is doing a great job on this so far.

Cheers,
Dimi




2014-08-06 12:15 GMT+02:00 Stephen LaPorte <slaporte@wikimedia.org>:
Hi All,

The “right to be forgotten” has been the subject of much discussion and debate (including on this list),[1] particularly following the May European Court of Justice judgment ordering Google to delist some links related to a Spanish citizen.[2] Since then, search engines have been receiving requests to remove hundreds of thousands of URLs from search results. Google recently released more information about its right to be forgotten requests.[3]

The WMF legal team has been watching the “right to be forgotten” issue closely and considering what legal strategies we should take going forward. Today, the WMF published its first transparency report[4]—you can read more in this blog post.[5] WMF held a press briefing announcing our strategy of advocacy and transparency on link censorship. We will oppose what we see as a misguided court decision that has resulted in a crude implementation of the “right to be forgotten.” Lila has also issued a statement,[6] and, Geoff, WMF’s general counsel, and Michelle Paulson, WMF's legal counsel, have published a blog on the subject.[7] As the topic is of interest to this group, we wanted to keep you informed of these recent legal developments.

Thanks,
Stephen

[1] http://lists.wikimedia.org/pipermail/advocacy_advisors/2014-June/000547.html, http://lists.wikimedia.org/pipermail/advocacy_advisors/2014-June/000539.html
[2] http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:62012CJ0131
[3] https://docs.google.com/a/wikimedia.org/file/d/0B8syaai6SSfiT0EwRUFyOENqR3M/edit
[4] http://transparency.wikimedia.org/
[5] https://blog.wikimedia.org/2014/08/06/wikimedia-foundation-releases-first-transparency-report/
[6] https://blog.wikimedia.org/2014/08/06/european-court-decision-punches-holes-in-free-knowledge/
[7] https://blog.wikimedia.org/2014/08/06/wikipedia-pages-censored-in-european-search-results/

--
Stephen LaPorte
Legal Counsel
Wikimedia Foundation

NOTICE: As an attorney for the Wikimedia Foundation, for legal and ethical reasons, I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer.

_______________________________________________
Advocacy_Advisors mailing list
Advocacy_Advisors@lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors