A multi-millionaire Tory MP, a drug-dealing aristocrat and Josef Fritzl: MailOnline has yet more articles removed from Google under 'right to be forgotten' law


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Google has removed a yet another series of MailOnline articles from its search results - detailing drug abuse, incest and spying - following a controversial 'right to be forgotten' ruling.

The new batch of articles, dating as far back as 2003, are just several of thousands that Google has started to remove from the EU version of its search engine since the ruling was made in May.

News organisations throughout Europe have condemned the move, describing it as an infringement on freedom of speech and a compromise of basic human rights.

The latest articles to be removed from MailOnline include the May 2009 article describing the sordid captivity in which Josef Fritzl kept his family
Google also took down a story about multi-millionaire Tory MP, Jonathan Djanogly, who was thought to have spent £5,000 on private eyes to spy on his local party members

The latest articles to be removed from MailOnline include the May 2009 article describing the sordid captivity in which Josef Fritzl (left) kept his family. Google also took down a story about multi-millionaire Tory MP, Jonathan Djanogly (right), who was thought to have spent £5,000 on private eyes to spy on his local party members

RIGHT TO BE FORGOTTEN ONLINE

The European Data Protection Regulation, Article 17 includes the 'right to be forgotten and to erasure'.

Under Article 17, people who are mentioned in the data have the right to 'obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data.'

This relates to data about the person when they were a child, when the data is no longer relevant or necessary for the purpose it was collected, the person who owns the content withdraws their consent, the storage period has expired, or if it was gathered illegally.

The EU defines 'data controllers' as 'people or bodies that collect and manage personal data'.

The EU General Data Protection Regulation means any data controller who has been asked to remove data must 'take all reasonable steps, including technical measures' to remove it.

If a data controller does not take these steps they can be heavily fined.

Earlier this year, the European Court of Justice ruled that Google must remove links to websites that include content that is 'inadequate, irrelevant or no longer relevant.'

So far, more than 90,000 removal requests involving more than 328,000 URLs have been made to Google worldwide.

The content itself has not been deleted from MailOnline, but Google will not list it in search results.

Instead, users searching for the topic on google.co.uk will see a message that says: 'Some results may have been removed under data protection law in Europe' at the bottom of the page.

The latest articles to be removed from MailOnline include:

  • A May 2009 article describing the sordid captivity in which Josef Fritzl kept his family. The piece was based on extracts from the book 'The Crimes of Josef Fritzl: Uncovering the Truth'. Publisher Harper Collins told MailOnline today it does not know who sent the request. Click here to read the story.
  • A September 2010 article about multi-millionaire Tory MP Jonathan Djanogly, who admitted hiring private eyes to spy on his local party members. Mr Djanogly told MailOnline today he has not used the Google service himself and declined to comment further. Click here to read the story.
  • A December 2003 column on how the schoolfriend of Prince William, Edward Stanbury, was jailed for nine months after 43 ecstasy tablets, 4.2 grammes of cocaine and three-quarters of a kilo of cannabis were found at his London flat. Click here to read the story.
  • A March 2004 column by Richard Kay, also on Mr Stanbury, about how just weeks after he had been allowed home from prison, the Old Etonian had put his university studies aside and sold his flat. It is believed Mr Stanbury sent the removal request, but he today declined to comment. Click here to read the story.
Enlarge   MailOnline received a notification saying: 'Please note that in many cases, the affected queries do not relate to the name of any person mentioned prominently on the page. For example, in some cases, the name may appear only in a comment section'

MailOnline received a notification saying: 'Please note that in many cases, the affected queries do not relate to the name of any person mentioned prominently on the page. For example, in some cases, the name may appear only in a comment section'

These stories will no longer appear on search results on google.co.uk. However, those visiting google.com will not be affected, even if they visit that webpage from a European country.

 

While the search engine does not disclose the identity of who made the request, they do have to verify that the link is about that person or they have the legal authority to act on the claimant's behalf.

HOW DOES GOOGLE'S 'RIGHT TO BE FORGOTTEN' WORK?

What is the link?

Those seeking to have information about them removed can visit the legal section of Google's website. On this page, a form allows users to put in a search removal request under EU data law.

Who can use the form?

Only EU citizens are allowed to submit a request via the form and apply to have their links removed if their legal name appears. They will have to explain why the link should be taken down.WHAT 

Which requests will be considered?

All requests will be considered but Google, but it will have to balance privacy with the public interest, the company has said it will not remove all cases.

What can I do if a case is not resolved?

In Britain users can contact the Information Commissioner's Office or take Google to court.

MailOnline received a notification saying: 'Please note that in many cases, the affected queries do not relate to the name of any person mentioned prominently on the page.

'For example, in some cases, the name may appear only in a comment section.'

MailOnline publisher Martin Clarke has described the move by the search engine as 'the equivalent of going into libraries and burning books you don't like'.

Other MailOnline stories removed from Google results include claims from April 2013 that a ten-year-old girl could have died if her parents had relied on the NHS 111 helpline.

More recently, Google removed a MailOnline story about a teenager, Kyle Ivison, slapped with an Asbo for committing 40 per cent of the offences in his town.

Google is the dominant search engine in Europe, commanding about 93 per cent of the market, according to StatCounter statistics. Microsoft's Bing has 2.4 per cent and Yahoo has 1.7 per cent.

David Drummond, senior vice president of corporate development and chief legal officer at Google, said: 'The issues here at stake are important and difficult, but we're committed to complying with the court's decision.

'Indeed it's hard not to empathise with some of the requests we've seen - from the man who asked that we not show a news article saying he had been questioned in connection with a crime (he's able to demonstrate that he was never charged) to the mother who requested that we remove news articles for her daughter's name as she had been the victim of abuse.

Google is the dominant search engine in Europe, commanding about 93 per cent of the market, according to StatCounter statistics. Microsoft's Bing has 2.4 per cent and Yahoo has 1.7 per cent

Google is the dominant search engine in Europe, commanding about 93 per cent of the market, according to StatCounter statistics. Microsoft's Bing has 2.4 per cent and Yahoo has 1.7 per cent

'It's a complex issue, with no easy answers. So a robust debate is both welcome and necessary, as, on this issue at least, no search engine has an instant or perfect answer.'

The 'right to be forgotten' ruling has come under attack by major organisations who believe it infringes on freedom of speech.

Last month, the foundation which operates Wikipedia described the rule as 'unforgivable censorship'.

Speaking at the announcement of the Wikimedia Foundation's first-ever transparency report in London, Wikipedia founder Jimmy Wales said the public had the 'right to remember'.

'We are on a path to secret, online sanitation of truthful information,' said Geoff Brigham, general counsel at the Wikimedia Foundation.

'No matter how well it may be intended, it is compromising human rights, the freedom of expression and access to information, and we cannot forget that.

'So we have to expose it and we have to reject this kind of censorship.'

Last month, the foundation which operates Wikipedia described the rule as 'unforgivable censorship'. Wikipedia founder Jimmy Wales said the public had the 'right to remember'

Last month, the foundation which operates Wikipedia described the rule as 'unforgivable censorship'. Wikipedia founder Jimmy Wales said the public had the 'right to remember'

 



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