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This paper examines how the right to be forgotten is balanced with freedom of expression for spent criminal convictions in the EU. It discusses how people with criminal records that are now reformed still have their records available online, which can negatively impact employment, insurance, education and social opportunities. The paper aims to determine if the current balancing of these two rights is properly done. It will analyze the existing balancing practices derived from the Google Spain ruling, different approaches taken, and findings on the current "grey zone" of balancing and tensions between the GDPR and ECJ practices. The conclusion is that balancing of these two rights is still in its early stages and more tangible norms are needed to advance it to the next generation.
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Center for Democracy & Technology
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United States Senate Committee on the Judiciary
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On behalf of the Center for Democracy & Technology (CDT), thank you for the
opportunity to testify about the importance of crafting a federal consumer privacy law that
provides meaningful protections for Americans and clarity for entities of all sizes and sectors.
CDT is a nonpartisan, nonprofit 501(c)(3) charitable organization dedicated to advancing the
rights of the individual in the digital world. CDT is committed to protecting privacy as a
fundamental human and civil right and as a necessity for securing other rights such as access to
justice, equal protection, and freedom of expression. CDT has offices in Washington, D.C., and
Brussels, and has a diverse funding portfolio from foundation grants, corporate donations, and
individual donations.1
The United States should be leading the way in protecting digital civil rights. This hearing
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1 All donations over $1,000 are disclosed in our annual report and are available online at:
https://cdt.org/financials/.
2
people with notices and check boxes but actually protect them from privacy and security
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The document discusses the rise and fall of the information paradigm. It describes how the information paradigm gave consumers greater access to information, empowering them to make informed decisions. However, the document notes the information paradigm is now inconsistent with EU consumer law due to information overload, decision fatigue from constant information bombardment, and the spread of misinformation online. Looking ahead, the document suggests strengthening data protection, promoting digital literacy, and encouraging industry self-regulation to address these challenges.
httpsdigitalguardian.comblogsocial-engineering-attacks-common.docx
https://digitalguardian.com/blog/social-engineering-attacks-common-techniques-how-prevent-attack
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On behalf of the Center for Democracy & Technology (CDT), thank you for the
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The United States should be leading the way in protecting digital civil rights. This hearing
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Consumer Privacy Act (CCPA) to craft a comprehensive privacy law that works for the U.S. Our
digital future should be one in which technology supports human rights and human dignity. This
future cannot be realized if people are forced to choose between protecting their personal
information and using the technologies and services that enhance our lives. This future depends
on clear and meaningful rules governing data processing; rules that do not simply provide
1 All donations over $1,000 are disclosed in our annual report and are available online at:
https://cdt.org/financials/.
2
people with notices and check boxes but actually protect them from privacy and security
abuses and data-driven discrimination; protections that cannot be signed away.
Congress should resist the narratives that innovative technologies and strong privacy
protections are fundamentally at odds, and that a privacy law would necessarily cement the
market dominance of a few large companies. Clear and focused privacy rules can help
companies of all sizes gain certainty with respect to appropriate and inappropriate uses of data.
Clear rules will also empower engineers and product managers to design for privacy on the
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STUDENT 1:
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STUDENT 2:
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Budget cuts have continued consistently for the past 8 years at the local level. They have even affected the federal level as well with all the military budget cuts going on. Within departments there are always ways to trim the budget. Some of them are not so pretty. The first plan would be to seek out all programs or divisions that are obsolete to the department and absorb them into current productive divisions. This reduces costs and waste as well as personnel. The downside is that it also reduces the need for those officers. This can put a damper on effectiveness.
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STUDENT 2:
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- 1. BALANCING RIGHT TO BE FORGOTTEN WITH FREEDOM OF EXPRESSION IN SPENT CRIMINAL CONVICTIONS IN EU Kamrul Faisal Faculty of Law University of Turku Seminar Paper
- 2. PURPOSE • whether right to be forgotten is properly balanced with freedom of expression in spent convictions in EU.
- 3. JUSTIFICATION • Facts: People with criminal record- Reformed- Criminal records online in news, articles Employment, Insurance, Educational opportunities, Aspects of civil society 75% of employers discriminate against applicants on the basis of a criminal record, common for employers to use the internet as a key part of their recruitment process. To some, it’s human nature to ‘google’ somebody
- 4. PAPER AT A GLANCE • Chapter 1: Introduction • Chapter 2: Propagation to both Rights • Chapter 3: Balancing Issues • Chapter 4: Role Players/ Sources in Balancing and Gaps • Chapter 5: Conclusion
- 5. EXISTING BALANCING PRACTICES • Derived from Google Spain 1. Balancing public access to information and privacy rights: public interest vs. right to removal 2. Balancing access to archived information and right to be forgotten: scientific, historic or research purpose vs. right to delink 3. Balancing different provisions of CFR: CJEU upholds right to be forgotten at the expense of freedom of Charter. Charter gives Art. 11 and Art. 8 equal priority • Clash between GDPR and ECJ Practice on Privacy Rights:
- 6. DIFFERENT APPROACHES • ECJ approach • Scholars’ approach • GDPR approach
- 7. FINDINGS Balancing is in its grey zone: 1. GDPR ignites tension between these two rights; Art. 17(3)(a) 2. CJEU failed to formulate a test to prioritize among public and private interest when both interests are competing in the same litigation 3. Traits of Art. 8 and 11 of CFR reamins in discomfort 4. Disharmonization incited by ECJ, is not harmonized under GDPR because right is provided without insurance.
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