Your right to be forgotten on the internet: Europe versus the U.S.
#Privacy pro and cons free
Blocks to journalistic, media, or public knowledge of truthful facts commensurate with First Amendment free speech.Useful information for business or commerce may be hindered.Inherent value to the public (especially for public figures).Removal of information that may jeopardize a data subject's finances, career, or personal safety.Opportunity to give individuals a new beginning in life.
Ability to remove slanderous or embarrassing unwanted information from public view.There are pros and cons on both sides of having the right to personal data effaced from cyberspace: In both European and American systems, there is also the factor of whether the person is a public or private figure.Ī survey by Adweek found that 9 out of 10 Americans want some form of the right to be forgotten ruling to be applied in the U.S. Moreover, the "right to privacy" is concerned with information not intended for public consumption, while the "right to be forgotten" revolves around information that has been made public already. It's often a balancing act of whether the general public or commercial interest is more legitimate than a person's right to have it expunged. If complete anonymity is not possible, at least having the right over how much data of an individual’s PI is available to the public or used by online entities is feasible. Internet invisibility is the ultimate end of data privacy. Your right to be forgotten - a balancing act Law firms can also assume the role of data controller when they obtain PH and PHI for use in litigation and are subject to keeping the data subject's information secure. Data brokers can get police records, phone numbers, addresses, interests, reverse lookups (determines where an image came from), names of family members, and more. Your personal information is also unknowingly flowing from large data brokers such as Acxicom, Choicepoint and others - who collect your PI from all over, analyze, and sell it - to advertisers and other entities without your knowledge. Then there are public records sites from which any party or outside person can learn a great deal about someone. In addition, many informational websites (not just ecommerce sites) want your personal information as well, and demand an account just to access their information. The obvious candidates having most peoples' PI are the big online players such as Amazon, Facebook, Twitter and banks with whom so many individuals set up accounts. Data controllers: who has and can display your information Moreover, future careers and personal relationships can be jeopardized.
The possibilities for malicious use of your personal data are quite scary: filing false worker’s compensation claims in your name, stealing your Social Security benefits, getting fake passports, stalking your residence, putting their medical bills in your name, giving your information for their speeding tickets or crimes, or stealing money from your bank accounts. Hackers, stalkers, ex boyfriends/husbands, and identity thieves can have a field day if they get a hold your information. Everything from what your buying patterns are, what webpages you've visited, what events you've attended, where you live, what your income is, who you connect with on social media, where you live, which people you had relationships with, and much more is splayed across cyberspace. The granularity of information that can be harvested from so many sources by data brokers and other analytics companies is mind-boggling.
You leave digital footprints all over cyberspace One-third of internet users admit to having no idea what personal information is available online, who has it, or even where it is! The propagation of cyber information and its misuse has opened a completely new set of legal challenges for law firms and corporate legal areas. Even pseudo-accounts may exist, where unknown people have set up false accounts in your name (complete with stolen pictures) on Facebook or other sites. Googling your name can also bring up results of third parties who have written or posted information about you. Google yourself and find out that much of your PI is privy to the world via online directories such as People Finder, Truthfinder, White Pages, and other background check sites. From signing up for an Amazon Prime account to setting up on line banking to having a PayPal account, you're constantly exposing private information to misuse, fraud, or data breaches.
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