Monday, January 17, 2011

The right to forget come to the Audiencia Nacional

Google Spain and the Spanish Agency for Data Protection (AEPD) maintain a protracted dispute over who should remove a link to an Internet information or data about a person when it demands it. Currently there are over 90 cases raised by the AEPD and 60 resources from Google that agency resolutions demanding the withdrawal of links considered sensitive and prejudicial to the petitioner.

Five of these cases will end on Wednesday before the Audiencia Nacional. Attention to the lawsuit has surpassed the Spanish borders and newspapers such as The Guardian reported the event in court. It's called the right to forget the conflict is almost always repeated the same terms. A person or entity, it is considered injured because a public official, such a sentence, is still alive in the network even though the circumstances of that case have news or changed ...

and requests the removal of the link. The Spanish Agency for Data Protection believes that there can be bound to the source of the information or document to be withdrawn because it would alter the very history and directs the browser to stop presenting the link. Google argues that its task is to track what offers the network and its role is to list what exists, not censure.

The company says the source who must respond to a request of this type by removing the file, or if it is not appropriate, blocking access to the site by search engines. There are tools such as robots txt, they do. Google believes that the position of the Spanish AEPD disagrees with the stance of most European agencies on the issue.

The AEPD argues that no attempts to suppress news of the real world or virtual. In an official newspaper can not be required to cancel the publication of a sentence or a means to suppress news of his files because not only would alter its periodicals if not attacking freedom of expression.

For AEPD, the right to forget the multiplier effect refers to the search engines give the matter.

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