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Google loses ‘right to be forgotten’ case

bbc.com

291–300 of 450 posts

Re: Google loses ‘right to be forgotten’ case

#291

Earlier quoted context omitted.

I was feeling less safe, that has improved. Why go back in time?

If anything, you were probably feeling safer without being connected 24/7 to all the problems in the world. I'm really skeptical you were more afraid of strangers because you couldn't access public records about them.

No, I'm feeling safer because employers are able to look it up and thus make better decisions. It has nothing to do with me looking up random strangers.

Re: Google loses ‘right to be forgotten’ case

#292

Earlier quoted context omitted.

I (an EU citizen) want to keep my right to think whatever I want about a criminal - and that includes looking at or keeping records. I feel like this 'right to be forgotten' hurts my safety - I don't want to forget that someone murdered someone or raped someone, these things are unforgettable and definitely unforgivable - and I want to know about them, and I want employers to be able to look them up.

The GDPR does not apply to records kept for personal purposes. If you want to scour the web on a regular basis and write down all the names of criminals in a notebook, then you are still free to do so.

I don't care about personal purposes. I want employers to be able to look up their prospective employees.

Re: Google loses ‘right to be forgotten’ case

#293

Earlier quoted context omitted.

Discriminating on the basis of spent convictions is illegal in the UK (where this ruling took place).

Oh cool, I didn't know that. Thanks for commenting. Is there something I'm missing about Right to be Forgotten then? Why is this needed if it's already illegal to discriminate against someone over minor crimes or scandals? Does the law not have much teeth or something?

While it's generally an offence to disclose spent convictions, the press is still free to publish details about them. Right to be forgotten means that those looking for such articles are unlikely to find them.

Re: Google loses ‘right to be forgotten’ case

#295

This is kind of a trend I've been noticing, where Europe will try to fix a valid technological problem, but pick the most problematic or poorly implemented solution to do it. It's not clear to me what the difference is between a government censoring someone directly and a government making it impossible for anyone to find a piece of information. Right to Be Forgotten only works if it becomes prohibitively expensive f…

Because I don't want a company to be criminally disallowed from rejecting former criminals. There are some jobs where that matters. What I want is for companies to NOT, outright reject someone because of a google search. After the person is 90% THROUGH an interview process, and the company has spent significant amounts of resources interviewing someone, THEN they can reject them. The problem isn't rejection for a pot…

Except of course that is not how it works. Almost every country has a way for companies who have a legitimate need to query the government for a 'clean past' on citizens.

That you can't get that question answered through Google is actually good. Just think about it: anybody can add content to Google, and making you look bad is as simple as making a page with a bunch of stuff about you that isn't actually true. And in the age of Google-without-checks that's how it works: a quick Google search has taken the place of a much more thorough background check for important positions and instead it is being applied to pizza delivery people as well.

The reocities project got a lot of mail over the years and a couple of the cases that stood out for me were people that had been targeted by individuals that had gone out of their way to make their lives much harder to the point of some of them thinking of ending their lives. And then there were all the childhood follies that people would rather have the internet forgets.

The 'right to be forgotten' is as much about being in control of the narrative about ourselves as anything else, and that there is some level of recourse here is good: the judge carefully weighed the evidence and decided in favor of the party that brought the suit, it could have gone the other way too.

It is also quite funny to me that on the one hand people argue that those who break the law and pay the price should then be forever haunted by this but at the same time hold corporations to a different standard by allowing them to break the law on an ongoing basis because it suits their purpose.

Re: Google loses ‘right to be forgotten’ case

#296

Earlier quoted context omitted.

It's not clear to me why this problem couldn't be solved more elegantly by creating anti-discrimination laws around criminal records. Because anti-discrimination laws around criminal records will work about as well as anti-discrimination laws regarding all the other protected classes (race, gender, age, etc.). Companies will very quickly figure out how to work around them, and will find ways to reject candidates for…

>What will probably happen is that companies will move the background check step ahead of the interview step. The cost of doing interviews to screen candidates is much lower than background checks. Why would a company want to do that step first?

Googling someone is a longer process than an in-person interview?

Re: Google loses ‘right to be forgotten’ case

#297

Earlier quoted context omitted.

The GDPR does not apply to records kept for personal purposes. If you want to scour the web on a regular basis and write down all the names of criminals in a notebook, then you are still free to do so.

I don't care about personal purposes. I want employers to be able to look up their prospective employees.

Employers can already request that potential employees hand in a certificate from the authorities that they have no relevant convictions in Germany. (Führungszeugnis) All convictions past a statutory limit are not listed. There’s an extended version for especially sensitive positions (working with children, security sensitive positions,...) that lists convictions that are no longer part of the normal official limit.

That’s truly enough for employers.

Re: Google loses ‘right to be forgotten’ case

#298

Earlier quoted context omitted.

Low level dope fiend? Visiting a prostitute, or selling sex? I can think of a number of crimes, which are pretty much irrelevant for a character assessment.

These things shouldn't be considered a crime in the first place, and I asked for real examples. I won't turn down a candidate for my sw dev position because they used to be a prostitute.

HR will just filter out all candidates with a record to be on the safe side. They won’t evaluate if the record is relevant or not.

Re: Google loses ‘right to be forgotten’ case

#299
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We're rapidly moving to a point where an official (government) criminal record is not important to folks you want to interact with -- landlords, employers etc. They will instead turn to Google. As such, Google might as well be the official record for many people. And if one put themsleves in the shoes of a victim, or even a criminal who has served their time, Google's pagerank is doing them a disservice. I don't know…

>As a society, we approve of jail being the mechanism to "forgive" a person's crime. That's not really true. Serving prison time is neither a way to "forgive" nor a way to "pay debt back to society" . Those are just common phrases some people use. If felons were truly forgiven , they would have their right to vote restored. They wouldn't be denied a passport to travel abroad or denied a firearms license. Convicted fe…

> If felons were truly forgiven, they would have their right to vote restored.

This is a very US-centric attitude and very undemocratic in my view.

In Germany, for example, people in jail are generally allowed to vote. They could even set up a voting booth inside the jail if there were demand. However, there usually isn't and inmates vote by mail.

In the last 25 years, only 80 people, who were found guilty of treason, have lost the right to vote.

However, people whose sentence is at least a year in jail are excluded from running for office for 5 years.

> Society has never perceived jail time as truly resetting the scarlet letter back to zero.

Some jobs here require a so-called "certificate of conduct" which you can get from the police and which lists criminal convictions. The entries in this certificate expire after a certain number of years, depending on the the crime. The maximum time a conviction can be in the record is 10 years after it has been served. Afterwards, it's deleted. (It is not deleted from police records but from what a company could find out in a background check by going through official channels.)

Re: Google loses ‘right to be forgotten’ case

#300

Earlier quoted context omitted.

How do you handle someone like this guy after he gets out of prison: https://www.theatlantic.com/magazine/archive/2018/04/our-tim... If we erase his past from the internet - that kind of enables him to do his scam again immediately. It's a difficult question.

> It's a difficult question. Not at all. It's up to the legal system and law enforcement to handle this. Not up to citizens, and for good reasons.

> law enforcement

At least in my country, law enforcement has no obligation to handle anything. Legal systems punish criminals after-the-fact, it's up to individuals to prevent crimes. https://mobile.nytimes.com/2005/06/28/politics/justices-rule...

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