[Foundation-l] Fwd: Right to be Forgotten

Fred Bauder fredbaud at fairpoint.net
Sat Feb 11 18:25:56 UTC 2012


I think the biggest problems might involve users who have been trashed
for one reason or another, justified or not.

Fred

> Is the worry primarily around article-space, or around Wikipedia users?
> There's already
> http://en.wikipedia.org/wiki/Wikipedia:Courtesy_vanishing, though it
> would have to be made somewhat more rigorous (and no longer a mere
> courtesy) if it were an actual legal obligation.
>
> As a non-lawyer, I would consider our uses in article-space to all fall
> under the exceptions, though I wouldn't want to speculate on whether a
> court would agree. At least in principle, Wikipedia articles only cover
> material of historical, cultural, scientific, artistic, sociological,
> etc. interest. If anything, we're more often criticized for upholding
> that viewpoint too strongly; vociferous complaints about Wikipedia's
> "deletionism" seem to pop up in nearly every external discussion of
> Wikipedia. Though this may lower the bar for people wanting information
> removed from Wikipedia, by providing an alternate route from the usual
> libel-law approach that doesn't require them to prove libel, so might be
> bad pragmatically.
>
> -Mark
>
>
> On 2/11/12 7:42 AM, Samuel Klein wrote:
>> Forwarding from internal.
>> The right to vanish... or a part of it... proposed as law.
>>
>> ---------- Forwarded message ----------
>> From: Richard Symonds<richard.symonds at wikimedia.org.uk>
>> Date: Thu, Feb 9, 2012 at 11:46 AM
>> Subject: [Internal-l] Right to be Forgotten
>> To: internal-l at lists.wikimedia.org
>>
>> http://www.bbc.co.uk/news/technology-16677370
>>
>> A new law promising internet users the "right to be forgotten" will be
>> proposed by the European Commission on Wednesday.
>>
>> It says people will be able to ask for data about them to be deleted
>> and firms will have to comply unless there are "legitimate" grounds to
>> retain it.
>>
>> The move is part of a wide-ranging overhaul of the commission's 1995
>> Data Protection Directive.
>>
>> Richard Symonds
>> Office&    Development Manager
>> Wikimedia UK
>> ----------------------------------------
>>
>> As Bence noted:
>>
>>> You can find the December 2011 draft at
>>> http://epic.org/privacy/intl/EU-Privacy-Regulation-29-11-2011.pdf
>>> (Article 15 is the relevant part).
>>> The stated exceptions do not include expense or technical difficulty,
>>> but include
>>> " 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 79;
>>>   or
>>> (b) for historical, statistical and scientific research purposes in
>>> accordance with
>>>   Article 83; or
>>> (c) for compliance with a legal obligation to retain the data by Union
>>> or Member
>>>   State law to which the controller is subject; this law shall meet an
>>> objective of
>>>   public interest, respect the essence of the right to the protection
>>> of personal
>>>   data and be proportionate to the legitimate aim pursued; or
>>> (d) in the cases referred to in paragraph 4."
>>>
>>> I'll leave it to the lawyers to decide how this affects Wikimedia
>>> (which is hosted
>>> outside the EEA) and whether any of the exceptions can be applied to
>>> it.
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>
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