What is the Right to be Forgotten in Europe?
My law firm continues to relentlessly go after online news websites. We are obsessed with passing internet scrubbing laws which will hopefully require online news websites to take down dismissed, expunged cases. I blog about this regularly and have defended hundreds of clients in our internet scrubbing practice who are trying to protect their online reputations.
As the best internet scrubbing lawyers know, Europe got it right in 2014 when it passed its “Right to be Forgotten” laws. These laws required online sites to remove certain stale, dated personal information, videos, and/or photographs from news websites. Prior to last week’s Google high court decision, search engines like Google could not link to these stale and often defamatory, articles.
How Does the Right to be Forgotten Work in Europe?
To benefit from this right in the EU, an individual must complete a form through an individual search engine, provide some identifying information, and a list of the URLs to be removed with a short description for each. The search engine then balances the individual’s interest against that of the public interest, and makes a discretionary decision on whether to take the content down.
What Does the Google Case Mean for the European Right to be Forgotten?
In a recent decision, Google and their arguments for free speech prevailed over privacy when the European Union High Court of Justice ruled that the Right to be Forgotten does not apply outside the borders of the 28 EU member states.
That means that Google and other search engines no longer have to honor the EU privacy law in other countries, including the United States.
What is the Erasure Statute in Connecticut?
Connecticut General Statutes (C.G.S.) §54-142a, automatically erases all dismissed criminal cases from your record to a point that Connecticut law permits you to even swear under oath that you were never even arrested. You can click here to learn more about the Connecticut Erasure Statute.
Does Connecticut Have Similar EU Right to be Forgotten Laws?
No. Connecticut news websites are not required to take down old police blotter reports, mug shots, or other articles regarding your now-erased arrest, but hiring any of the best internet scrubbing law firm can help. Connecticut does not have a “right to be forgotten” like the EU.
The Internet Scrubbing Practice Group at Mark Sherman Law
If you or a family member have online mug shots or arrest records that you would like removed, contact one of the Internet Scrubbing lawyers at Mark Sherman Law today. Our internet scrubbing practice group attorneys know not only how to get articles about your arrest removed, but can also pressure search engine lawyers to remove the corresponding search links. Our results speak for themselves—you can read certified Avvo.com reviews form our prior clients. Then give us a call today at (203) 358-4700.