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World Germany's Highest Court Rules Convicted Murderer Has the 'Right to Be Forgotten' Online

09:05  28 november  2019
09:05  28 november  2019 Source:   newsweek.com

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A German man convicted of murder in 1982 has the right to have his name removed from online search results, Germany ' s highest court has ruled . He was released from jail in 2002 and says he wants his family name to be distanced from his crime. The ruling could force publications to restrict

Germany's highest court decided that a man convicted of murder in 1982 has the right to be forgotten, meaning his name can be removed from online search results.

a close up of a tattoo: In 2014, a European court of justice ruling forced search engines to comply with requests to remove results.© Chris Jackson/Getty In 2014, a European court of justice ruling forced search engines to comply with requests to remove results.

Also known as the "right to erasure", the "right to be forgotten" rule gives EU citizens the right to request that data about them be deleted.

In a statement released on Wednesday, the judges said that while it was allowable for search engines to provide news reports on current crimes, "the justifiable public interest in reports that made perpetrators identifiable decreased over time."

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But Germany ’ s highest court has now thrown out that initial ruling , meaning his case will now return to the federal courts . Yet the court also insisted The “ right to be forgotten ” has been the subject of a longstanding legal dispute involving Google and the EU. In 2014, a European court of justice ruling

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The man hoping to be forgotten was part of a major news story in Germany in 1982. As a crew member of a sailing ship named Apollonia, the man shot and killed two people and severely injured another following an argument on board.

In 2009, the man made a failed attempt at having the reports removed. In their ruling, Germany's Federal Court of Justice dismissed the suit on the grounds that "the public had an interest in learning about the Apollonia murders and that his name was inextricably tied to the events."

The man argued that the internet archive represented a violation of his privacy rights and his "ability to develop his personality," according to court statements.

One group who praised the court's statement was the German office of press freedom group, Reporters Without Borders (RWB), because the judges underlined the importance of press freedom while making such decisions.

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Germany ' s Constitutional Court ruled in favour of the man, who killed Upon his release in 2002, he saw articles written for Der Spiegel in the 80s and uploaded online in 1999 that A man convicted of a 1981 double murder has been found by the court to have the " right to be forgotten by the internet".

Thursday, 28 November 2019 German murderer wins ' right to be forgotten ' | Sky Singapore A German man convicted of murder in 1982 has the right to have his name removed from online search results, Germany ' s highest court has ruled .

"This is a long-overdue clarification that does not fundamentally put the protection of personal rights above the basic right to press freedom. At least for Germany, this has reduced the danger that the media's online archives are made unusable for journalistic research by exaggerated restrictions," read a statement from RWB.

Germany has a long history of data protection, dating back to the 1960s. In 1977, Germany enacted the first Data Protection Act at the federal level. They also have what one newspaper described as "one of the world's toughest laws around hate speech."

One example of censored content by law is the removal of websites from Google search results that deny the holocaust, which is a felony under German law.

Google recently won a landmark "right to be forgotten" case in September, when the EU's top court ruled that Google does not have to apply that rule globally.

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A man convicted of murdering two people 37 years ago has the right to be forgotten and have his name removed from online search results Germany ' s highest court found in favour of the man who was given life in 1982. He was released in 2002 and has fought to distance his name from the murder.

The right to be forgotten is the right to have private information about a person be removed from Internet searches and other directories under some circumstances.

The ruling stemmed from a dispute between Google and a French privacy regulator. In 2015, the National Commission on Informatics and Liberty ordered Google to globally remove search result listings to pages containing damaging or false information about a person.

"Since 2014, we've worked hard to implement the right to be forgotten in Europe, and to strike a sensible balance between people's rights of access to information and privacy," Google said in a statement after the ruling. "It's good to see that the court agreed with our arguments."

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