Right To Be Forgotten
Right to be forgotten Your right to be forgotten is a right that you have. It is a right that the web has created. It is a right that’s set out in the Data Protection Act and that we have held the EU is a right that has to be upheld by the courts here.
Those reasons are all there in law. There’s also one point that’s not being recognize. There is no lawful basis for any further technical protection of the personal data. I’m sorry I’m putting you through this Click here.
Lawful Basis
There is no lawful basis for doing that. We would never have a claim against Facebook to be able to get all the information we asked for if we hadn’t got all the information in the first place.
We do not have a lawful basis to ask for these further technical processes. So if we go down this path of extra disclosure, then by asking for further technical processes we would be trying to get that unlawful consent, and we would find ourselves in the position that we were before. We would be in an impossible position.
European Law
Everything you just said is incorrect, in terms of the laws of the UK, and everything you just said is also incorrect in terms of European law. We have plenty of it. We’re not playing games.
That is a lie. We don’t have a lawful basis, but we will have a lawful basis. We will be trying to get it, but we won’t need it. The new clauses are intended to ask that the companies actually state on their own websites how they store data.
Postal Service
Well, Facebook and Google are not websites. The point is you can’t say everything you do with a telephone network, or with the postal service, can be online.
Yes, they do all want to, but they will never be allowed to. This is what I’m trying to tell you. Google and Facebook are both familiar to the technical details of our law. I don’t need a lesson from you.
Consultation
You do not need a lesson. You just have to understand that they are not websites. We’ve seen what’s going to happen. The companies have written to me as part of the consultation asking for two things. One is a list of areas in the current law that they need to clarify.
We could give that to them in draft form and they could provide it for their own reasons, and if they should fail to do that, then we can compel them.
Formal Response
If they are not going to do that, we’ll have to go through the draft legislation and then we will want to make a statement to the effect of: “we’ll give you two weeks for that”. That is what we are going to do.
You will get back from them what they’ve asked for. We have ask for a list of areas of uncertainty, where there’s something unclear. We’ve asked for a statement on this. We will have a series of written answers from them. They have to give us their formal responses on the implementation of those. The point is to say: you’ve got six weeks, you can clear up any ambiguity in that.
