[Manila Principles] Concerns with GDPR over risk of censorship and conflict with Manila Principles

Pranesh Prakash pranesh at cis-india.org
Mon Nov 23 21:38:23 PST 2015


Dear Jeremy,
CIS would be happy to sign on to this.

On the issue of notice, I'd like to note that the Article 29 WP stated:

> No provision in EU data protection law obliges search engines to communicate to original webmasters that results relating to their content have been de-listed. Such a communication is in many cases a processing of personal data and, as such, requires a proper legal ground in order to be legitimate. No legal ground can be found in Article 7 of Directive 95/46/EC to routinely communicate de-listing decisions to primary controllers.

> On the other hand, it may be legitimate for search engines to contact original publishers prior to any decision about a de-listing request, in particularly difficult cases, when it is necessary to get a fuller understanding about the circumstances of the case. In those cases, search engines should take all necessary measures to properly safeguard the rights of the affected data subject.

http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp225_en.pdf
(para 23)

Cheers,
Pranesh

Jeremy Malcolm <jmalcolm at eff.org> [2015-11-20 12:47:47 -0800]:
> Dear Manila Principles supporters,
>
> EFF has just published a blog post expressing our concerns with the
> incompatibility of the current drafts of the EU General Data Protection
> Regulation (GDPR) with the Manila Principles:
>
> https://www.eff.org/deeplinks/2015/11/unintended-consequences-european-style-how-new-eu-data-protection-regulation-will
>
> In summary, our view is that the provisions which require restriction
> and erasure of personal information supplied to Internet platforms by
> third parties, would place too much responsibility on intermediaries
> with too little due process, and that they fail to adequately consider
> the freedom of expression interests of content providers.  This could
> lead to "DMCA-like" censorship of information, using personal data
> protection as a pretext.
>
> The above post links to a short paper commenting from EFF and ARTICLE 19
> that we are circulating to policymakers.  If you organisation shares our
> concerns and would also like to endorse that paper, please let either of
> us know and we will add your name to the paper when it is circulated.
> As time is short, we would ask that you provide your endorsement within
> 72 hours if possible, or if not, let us know how much time you will need.
>
> Thanks.
>
>
>
> _______________________________________________
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> ManilaPrinciples at eff.org
> https://lists.eff.org/mailman/listinfo/manilaprinciples
>

-- 
Pranesh Prakash
Policy Director, Centre for Internet and Society
http://cis-india.org | tel:+91 80 40926283
sip:pranesh at ostel.co | xmpp:pranesh at cis-india.org
https://twitter.com/pranesh

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