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Wednesday, November 11 • 09:00 - 10:30
WS 31 The “Right to be Forgotten” Rulings and their Implications

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Co-Organizers

Mr Sérgio Branco - Instituto de Tecnologia e Sociedade do Rio de Janeiro

Ms Marianne Franklin - Internet Rights and Principles Coalition /Goldsmiths (University of London, UK)

Mr Hernán E. Vales - Office of the United Nations High Commissioner for Human Rights

Description

This workshop discusses the legal, technical, and societal implications of “Right to Be Forgotten” decisions, in the EU and elsewhere (e.g. Brazil) for internet design, access, and use. This workshop focuses on the procedural and legal implications of such rulings. It is part of a cross-workshop collaboration with Workshop 142 which looks more closely at some case-studies of "Right to Be Forgotten" rulings around the world.

In this workshop participants address challenges arising from terminology, implementation, and due process for the;
(1) legal (in)applicability within and beyond jurisdictions;
(2) commercial and technical challenges of implementation;
(3) societal implications for the public interest when deleting/delinking/delisting hyperlinked online content.

The human rights implications of implementation include freedom of expression, right to access to information, privacy and personal data, and accountability. Specific questions addressed include: - Terminology: is the ruling on an existing or emergent right? Which term is appropriate: “forgotten”, “delinking”, “deletion”, or “delisting”?
- Who decides, in what context and by what process e.g. a judge or service provider?
- What content, and which actors gain, or lose from such rulings? Do these decisions account for overlaps between public/private figures and their public/private lives?
- Technical issues: e.g. limits to deletion, delinking for data-retention policies, ownership and control of data-logs, how de/linking capabilities can be misused.
- sociocultural issues within and across jurisdiction e.g. limits in application so as not to harm access to information, distort historical record, or obstruct efforts to obtain accountability for past human rights violations.

Objectives:

Outcomes: (i) agree on clearer precisions of above points from respective stakeholder and global and regional/national perspectives; (ii) Outline set of judicial principles for implementing“R2BF” decisions; (iii) make respective recommendations for future rulings; (iv) decide a more appropriate name for such decisions.

Participants

Mr Pedro Less Andrade - Director Government Affairs & Public Policy, Google Corporation, Latin America, Argentina  
Mr Sérgio Branco - Instituto de Tecnologia e Sociedade do Rio de Janeiro, Brazil
Ms Mishi Choudhary - Software Freedom Law Center, India/New York
Ms Kelly Kim - Open Net (http://opennetkorea.org), Korea
Mr Pedro Vaca Villarreal - Fundación para la Libertad de Prensa, Columbia
Mr Hernán E. Vales- Office of the United Nations High Commissioner for Human Rights

With Mr Kevin Risser and Students from the Maxwell School of Citizenship and Public Affairs (Syracuse University) by Remote Hub: The remote hub at Syracuse University is being coordinated by graduate and undergraduate students from the Maxwell School of Citizenship and Public Affairs, College of Law and School of Information Studies. Students in the remote hub hope to engage the larger Syracuse community about issues related to Internet regulation and privacy. 

Moderator
Ms Marianne Franklin - Internet Rights and Principles Coalition /Goldsmiths (University of London UK)

Rapporteur: Ms Argyro P Karanasiou - Bournemouth University/ISOC
Remote Participation Moderator - tbc

Background Documentation - Some links to the relevant rulings are below.

 Law Review Articles

 

 

Session Organizers
avatar for Marianne Franklin

Marianne Franklin

IRPC Steering Committee / Professor of Global Media & Poiitics (Goldsmiths, UK), Internet Rights & Principles Coalition / Goldsmiths (University of London, UK)
http://internetrightsandprinciples.org/site/ @netrights http://www.gold.ac.uk/media-communications/staff/franklin/ @GloComm


Wednesday November 11, 2015 09:00 - 10:30
Workshop Room 1

Attendees (131)