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Data Protection, Privacy and their old nemesis, Facebook. |
| | But do only users of expensive Apple products deserve to have their data protected? How can we as users of internet unitedly ensure that our data is protected? Can we be the owners of our data? |
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< | I. RIGHT TO BE FORGOTTEN |
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> | RIGHT TO BE FORGOTTEN |
| | Right to be forgotten (footnote 1) is a law in the European Union and it is codified in General Data Protection Regulation (GDPR) which was entered into effect in May 2018. As per Article 17 (footnote 2) of GDPR a data subject has the right to erasure (‘right to be forgotten’) whereby a ‘data subject’ will have a “right” to ask the controller of its data to erase it from the internet history based on certain grounds. Additionally, it is not a superficial right, it has acquired a status of deemed fundamental right and is deemed to be an integral part of the fundamental right of privacy (footnote 3). This right has been largely discussed with respect to deletion of data regarding past misdemeanors for which one has already suffered punishment and a reminder on the internet is a form of double jeopardy. However, this right can be used on a day to day basis to ensure your data is protected. |
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An actual right to be forgotten would imply a duty imposed on others to forget. That would plainly violate the First Amendment, and given that anything known in the US will be known elsewhere in the world, it is self-evidently nugatory. Hence the EC's reformulation of this principle as a "right to -de-index," which imposes a duty only on search services. That this too is repugnant to any system that protects the freedom to learn deserves at least some comment. Nor is it clear why a provision that makes it difficult for individuals to find information that businesses are entitled to collect and use as the basis of inferences without limitation contributes significantly to the protection of rights.
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< | II. DATA TRANSFER PROJECT |
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< | Apple has now made it possible to transfer photos and videos from iCloud to Google Photos (footnote 4) . However, this does not mean that Apple will not retain a copy of your photos and videos with it. This is double edged sword. It gives you a perception that you are the owner of your data and hence you can transfer it easily, however, you are in fact hold your data in “joint ownership” with Apple. |
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> | DATA TRANSFER PROJECT |
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> | Apple has now made it possible to transfer photos and videos from iCloud to Google Photos (footnote 4) . However, this does not mean that Apple will not retain a copy of your photos and videos with it. This is double edged sword. It gives you a perception that you are the owner of your data and hence you can transfer it easily, however, you are in fact hold your data in “joint ownership” with Apple. |
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We have attempted here to discuss the importance of freedom to read privately. Concentration on the "owning of your data" doesn't address the monitoring of a access, which is the more significant problem. Transferring photos from one third-party surveillance platform to another is hardly significant. Why shouldn't we enable people to store their data in forms that don't leak access information?
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| | III. A WORLD OF FREE APPLICATIONS WITHOUT ADVERTISEMENTS? |
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Why has this not been completed? Software ecologies that don't depend on advertising or surveillance of the user aren't hard to write about: the free software movement provides more than 30 years of history to write from, while outside the domain of smartassphones and "tablets" principles of software-making pioneered by the free software movement are now dominant.
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1.Denegri, Natalia Ruth v. _Google Inc. (Right to be forgotten was also enforced in Argentina for the first time by Argentinian Court in 2020) |
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Why are these footnotes not links? You are writing for the Web, after all.
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| | 2. Article 17. 1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a.the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b.the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing; |
| | 3. Article 8, Preamble of the Unified Treaties of the European Union.
4.This service is currently available only in Australia, Canada, the European Union, Iceland, Liechtenstein, New Zealand, Norway, Switzerland, the United Kingdom, and the United States.__ |
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This draft has to be completed, so we can look at it as a whole before we try to make it better in another draft. Please do that swiftly, Aparna. When we have seen a complete draft we can begin making it better.
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