kenbaylor
Joined 11 years ago
Joined 11 years ago
Bodil Lindquist v Åklagarkammaren (2003) Mrs. Lindquist (whose purposes were mostly charitable and religious) published on a private home page personal data about her colleagues, including telephone numbers and information about a coworker’s injured foot and medical leave. This case raised the question if a private home page accessible to only those who have the address is permitted under one of the exclusions (household activity). The European Court of Justice ruled that it is not.
Bodil Lindquist v Åklagarkammaren (2003) Mrs. Lindquist (whose purposes were mostly charitable and religious) published on a private home page personal data about her colleagues, including telephone numbers and information about a coworker’s injured foot and medical leave. This case raised the question if a private home page accessible to only those who have the address is permitted under one of the exclusions (household activity). The European Court of Justice ruled that it is not.
and they lost the case in 2014 (https://en.wikipedia.org/wiki/Google_Spain_v_AEPD_and_Mario_...), and 'interpreted it' as 'we'll just limit the results from Europe'. This was a landmark case, and they just keep losing them.
A real con artist can just fake someone's ID, for them it's pretty trivial.
The issue is less than 1% of convictions ever make it to the Internet, and those people currently will be stigmatized forever, unlike the other 99%, unless they have this mechanism. Google's plea was 'we will self police, but we won't tell you how. We will ignore court orders, because we choose to'. The court objected to that approach.
If you are convicted of new crimes, no matter how long ago, then your sentence may be significantly increased as a repeat offender.
Many large companies do business with Europe. Many of them are implementing GDPR-like controls and/or adopting Privacy Shield. Other US companies doing business with them must adhere to the new vendor controls these US-companies have adopted, or lose that business.
Across the world, (e.g. Singapore, Philippines and Japan) Privacy laws are being re-written to align parts of local law to GDPR.
The US has limited privacy laws generally (e.g. dat breach notification laws in CA and MA), but has adopted specific protections depending on industry (HIPAA for healthcare, GLBA for Banking). More like likely occur.
While mankind has not needed a right to be forgotten previously, it didn't have the omnipresent Google to deal with either. These are just the opening shots in the Privacy battle that will spread from GDPR.
Other search engines are affected too, but Google has a massive market share and has a long litigation history in Europe.
Then along comes a search engine and doubly punishes someone in what may be a disproportional way; e.g. it's highly unlikely you will come across the convictions of John Smith when you google him, but when you look up someone with a non-common name, it may be the very first search result; disproportionally disadvantaging them for jobs, business and even dating partners.
The issue in this case was Google wanted to be the sole arbiter of what they would remove and what they would leave in, with no oversight from anyone. This would have crippled the GDPR even before it began.
That said, it's early days for the right to be forgotten.
The duty of the prosecution is to prove their case in court. The fact that they have seized his computer(s) and carried out forensics already, means they are looking hard for a conviction. If they freak him out with this sort of circumstantial evidence, he will say something, and it's never a good thing.
https://www.youtube.com/watch?v=d-7o9xYp7eE
Legal precedent depends on jurisdiction and you haven't shared that. Connecting to Tor is a 'fact'. What value that fact has is up to the prosecution to prove. Relevancy is key. Best to wait and see what they alleged happened and then challenge just those set of facts.
If he says nothing, they have a lot to prove. In many places in the US, they will come in with multiple felonies then accept all sorts of plea bargains as it drags on and on and on, like a bad used sales car man.