With the development of information technology, the problem of protecting data from their free distribution on the Internet has become increasingly relevant. So, in May 2014, the European Court ruled in the case of Mario Costec González against the Google search engine, according to which all links with his name should be removed from the search results.
In March of the same year, the European Parliament approved the act on the protection of personal data. He secured the right of citizens to demand from search engines to delete personal information. Experts believe that it was on the basis of this document that a law on oblivion in Russia was developed. Let's consider it in more detail.
What systems does oblivion law cover?
The text of the first article of this document is devoted to search engines. It defines those resources, which, in fact, are covered by the normative act.
Searching systems here are systems that search for information of specific content at the request of users and provide information about the index of a page located on the Internet to access the data of interest.
By the way, this category does not include the bases used for the provision of municipal and state services, the exercise of public powers provided for in the Federal Law. Thus, the law on oblivion on the Internet covers the search engines Mail.ru, Google, Yandex and others.
The procedure for out-of-court interaction between the applicant and the system operator
The Law on the Right to Oblivion describes a mechanism for fulfilling obligations by search resources. In Art. 1 it is indicated that the operator who distributes advertising on the global network aimed at attracting the attention of customers who are in the territory of the Russian Federation should, at the request of the applicant, stop providing information about him. Such an obligation arises in the event of the dissemination of information:
- In violation of regulatory acts of the Russian Federation.
- Unreliable.
- Irrelevant.
- It has lost its significance for the applicant due to certain events, except for those in which there are signs of crimes for which the statute of limitations has not expired, as well as information about the commission by the subject of a criminal offense for which the conviction has not been extinguished or not lifted.
findings
From the responsibilities that the law on the right to oblivion describes, we can conclude that:
- Removing links is carried out in a declarative manner.
- The subject is a citizen of the Russian Federation.
- The links accessible to users of the Russian segment are subject to removal.
- Page indexes should be eliminated if they provide access to information disseminated in violation of regulatory acts that are unreliable, no longer relevant and irrelevant.
- Links cannot be deleted that provide data that affects public interests. In particular, this is information about crimes and outstanding convictions.
Thanks to this, the idea for the sake of which the law on oblivion was adopted becomes clear. The essence of the document is to provide citizens with the opportunity to demand the removal of outdated and inaccurate information that directly relates to them.
Information to be deleted
It should be noted that in the original version the law on oblivion provided for the division of information into three categories:
- Invalid.
- Redistributable.
- Authentic of events that happened more than 3 years ago (except for data on outstanding convictions and committed criminal acts).
The first two categories are given in the modern edition unchanged.The last group of information, it was decided to adjust. In particular, the Law on Oblivion does not establish specific dates after which data are considered outdated. So the broad approach was chosen in determining the information to be deleted. The following features were emphasized:
- Irrelevance.
- Loss of value for the applicant due to his subsequent actions or any events.
Statement
The Law on Oblivion establishes a closed list of data that an entity must provide who wishes to delete information about himself. Mandatory requisites of the statement are:
- Name, passport information, contact details (phone, email address, etc.).
- Information that should be discontinued.
- Index of access pages.
- The basis according to which the system should stop issuing links. In this case, the applicant should characterize the information in accordance with the established categories (unreliable, lost value, distributed with violations).
- Consent of a citizen to the processing of his personal data.
Thus, the law on oblivion requires the subject to justify his statement. To simplify the work of search engines, a normative document obliges a citizen to independently provide links to be deleted. It follows that the burden of proof of the need to stop issuing page indexes for access to data rests with the applicant. And system operators may request additional information to verify the validity of the requirement.
Terms of consideration
The system operator is given 10 days (workers) to process the application and send a notice about the need to provide additional information and documents to the citizen. According to experts, such a period is quite reasonable. It should be noted that in the original version of the regulatory document it was reduced to 3 working days.
Claiming additional materials from the applicant
The system operator can request a passport from a citizen. By the way, the law does not establish the form in which it must be provided. It is assumed that a copy certified by a notary may well satisfy the operator.
It should be said that the opportunity to request additional materials was not provided for in the original version of the law in question. In case of inaccuracies or errors in the application, as well as to provide the missing documents, the citizen is given 10 working days. After that, the operator must remove the links to the contentious information within ten days.
Appeal to court and data protection
The Oblivion Act on the Internet establishes the obligation of the operator not to disclose information about citizens' applications. In this case, the privacy and individual data of the subject are protected.
If the operator refuses the applicant to satisfy his request to remove links, the citizen can go to court. A claim should be filed with the general jurisdiction at the address of your residence. Thus, these cases will not be considered at the place of stay of the operator, but at the location of the citizen.
Conclusion
The Law on Oblivion came into force on January 1, 2016. Until that moment, search engines were ordered to determine the order in which they will interact with citizens regarding the removal of links to pages with controversial information.
To implement this task, operators have developed special online forms. In addition, on the relevant pages of the systems you can get expert advice on issues of interest. On the sites of search engines telephone numbers of the hotline are provided.