Re:BBC to publish 'right to be forgotten' removals list
by anigbrowl on Friday October 17, 2014 @02:07PM
(#8472421)
OK, consider this: in the US, police departments routinely publish 'mugshots' of arrestees. If you surf the web without an ad blocker you've surely seen ads along the lines of 'who's been arrested in (your area of residence)? find out NOW' with photographs of people wearing hangdog expressions. These ads are from companies whose business model is charging people hundreds of dollars to have their mugshot removed from their database. Of course there are multiple firms engaged in this activity so that can turn into an ongoing expense, more so for people who happen to be particularly photogenic or distinctive-looking.
Now suppose you are arrested but never charged due to lack of evidence, or released because your arrest was a case of mistaken identity. Is it OK for mugshot republication firms to make lots of money out of you, or at the very least put you to the trouble of having your mugshot removed from police department websites by legal means? If you're poor and don't have the resources or the knowledge to address this situation immediately, is it OK for search engines to cache that information forever?
There's a reason for the legal concept of a 'statute of limitations'; for most criminal actions other than very serious offenses, we have agreed as a society that criminal liability must expire at some point that's more or less proportional to the sentence one might have incurred if caught and convicted. This benefits a few very astute criminals, which is a downside, but an acceptable price to pay for limiting the prosecutorial reach of the state. Why then should we give private actors free rein to commercially exploit the history of people's interactions with law enforcement, to those people's detriment?
Now suppose you are arrested but never charged due to lack of evidence, or released because your arrest was a case of mistaken identity. Is it OK for mugshot republication firms to make lots of money out of you, or at the very least put you to the trouble of having your mugshot removed from police department websites by legal means? If you're poor and don't have the resources or the knowledge to address this situation immediately, is it OK for search engines to cache that information forever?
There's a reason for the legal concept of a 'statute of limitations'; for most criminal actions other than very serious offenses, we have agreed as a society that criminal liability must expire at some point that's more or less proportional to the sentence one might have incurred if caught and convicted. This benefits a few very astute criminals, which is a downside, but an acceptable price to pay for limiting the prosecutorial reach of the state. Why then should we give private actors free rein to commercially exploit the history of people's interactions with law enforcement, to those people's detriment?