{"id":179,"date":"2017-02-22T12:07:18","date_gmt":"2017-02-22T12:07:18","guid":{"rendered":"http:\/\/savoidakis.eu\/?p=179"},"modified":"2017-02-22T12:53:56","modified_gmt":"2017-02-22T12:53:56","slug":"hellenic-data-protection-authority-rules-of-the-right-to-be-forgotten","status":"publish","type":"post","link":"https:\/\/savoidakis.eu\/?p=179","title":{"rendered":"Hellenic Data Protection Authority rules on the “right to be forgotten”"},"content":{"rendered":"
Ulysses and His Companions in the Land of the Lotus-Eaters, etching and engraving by Theodoor van Thulden.<\/figcaption><\/figure>\n

Following the path of\u00a0Google v. Spain<\/a>, whereby the European Court of Justice ruled that European citizens can\u00a0request commercial search firms to remove links to information deemed “inaccurate, inadequate, irrelevant or excessive” for the purposes of data processing, the Hellenic Data Protection Authority issued Decision 83\/2016<\/a>, dealing with a similar case of Greek\u00a0interest.<\/p>\n

The Decision came after a licensed obstetrician complained to the Greek data protection watchdog against Google\u2019s denial to remove a link about a criminal conviction against him for child adoption fraud.<\/p>\n

In its reply to the contested removal request, Google considered: (a) the relevance and truthfulness of the data, (b) the fact that the applicant was practicing a regulated profession as a physician, and (c) the severity of the crime for which he was sentenced and its relevance to his profession (proxy attempt at illegal adoption of a minor at gainful employment). Namely, the company\u2019s reply had as follows:<\/p>\n

\n

\u201cIn this case it appears that the URL in question relates to matters of substantial interest to the public regarding your professional life. For example, this URL may be of interest to potential or current consumers, users, or participants of your services. Information about recent professions or businesses you were involved with may also be of interest to potential or current, users, or participants of your services. Accordingly, the reference to this document in our search results for your name is justified by the interest of the general public in having access to it.\u201d<\/p>\n<\/blockquote>\n

Following a complaint lodged with the Hellenic Data Protection Authority, the authority examined whether Google’s negative response had met the de-listing\u00a0criteria<\/a>\u00a0provided\u00a0by\u00a0the Article 29 Working Party. Opining that the company\u00a0failed to do so, they ordered Google to remove the contested link on the ground that the data it linked to was inaccurate. Its inaccuracy lied on the fact that the criminal conviction had been replaced – though not entirely overruled – by a milder sentence \u00a0by the court of appeal at a later time.<\/p>\n

Decision 83\/2016 may open the door to complaints of similar nature before the Hellenic Data Protection Authority and heralds the liability of search engines in Greece for the content they link to with regard to privacy. Forthcoming jurisprudence by Greek courts is eagerly anticipated, as balance should now be stricken between a novel “right to be forgotten” and other fundamental rights, such as the freedom of expression and the freedom of the press.<\/p>\n","protected":false},"excerpt":{"rendered":"

Following the path of\u00a0Google v. Spain, whereby the European Court of Justice ruled that European citizens can\u00a0request commercial search firms to remove links to information deemed “inaccurate, inadequate, irrelevant or excessive” for the purposes of data processing, the Hellenic Data Protection Authority issued Decision 83\/2016, dealing with a similar case of Greek\u00a0interest. The Decision came … Continue reading “Hellenic Data Protection Authority rules on the “right to be forgotten””<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":true,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[5],"tags":[9,6],"class_list":["post-179","post","type-post","status-publish","format-standard","hentry","category-law","tag-data","tag-privacy"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p8gfA0-2T","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/savoidakis.eu\/index.php?rest_route=\/wp\/v2\/posts\/179","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/savoidakis.eu\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/savoidakis.eu\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/savoidakis.eu\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/savoidakis.eu\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=179"}],"version-history":[{"count":11,"href":"https:\/\/savoidakis.eu\/index.php?rest_route=\/wp\/v2\/posts\/179\/revisions"}],"predecessor-version":[{"id":192,"href":"https:\/\/savoidakis.eu\/index.php?rest_route=\/wp\/v2\/posts\/179\/revisions\/192"}],"wp:attachment":[{"href":"https:\/\/savoidakis.eu\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=179"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/savoidakis.eu\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=179"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/savoidakis.eu\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=179"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}