The legal department of the State Duma does not agree with the “right to oblivion”
An official opinion of the Legal Department of the State Duma on the “right to oblivion” bill has been published on the State Duma website. Recall that the bill provides for Russian citizens the opportunity to seek to remove links to information that is relevant to a citizen from search results, if a citizen considers such a link to be false, irrelevant or distributed in violation of the law. The “right to oblivion” does not extend to criminal acts, reports Vedomosti. In this case, the bill specifies the right to delete such links without a court decision. A citizen applies to the court after the search service refused to delete the link.
According to representatives of the Legal Department of the State Duma, the provisions specified in the draft law should be correlated with the 152nd article of the Civil Code. This article already provides for the right of a citizen to delete information, and not references to the information itself. At the same time, the mechanism for exercising such a right in court works in a similar way, if a citizen can prove that the information posted on the Network does not correspond to the actual state of affairs. "In this regard, we believe that determining whether information on a citizen disseminated on the Internet is reliable or not is the responsibility of the court, and not the search engine operator, and should be made as part of the claim to the person who directly distributes such information" - said in conclusion.
The Legal Department of the State Duma indicates that search engines cannot determine the presence of signs of criminal acts in events, as well as the timing of bringing to criminal responsibility. This is the competence of the court and law enforcement agencies.
Lawyers of the department also note the vagueness of the concept “irrelevant information”, which is contained in the draft law. “In our opinion, if the information has lost its value for the applicant, this does not mean that it has lost its value for other individuals and society as a whole, and therefore an attempt to restrict the free distribution of such information may lead to a violation of the constitutional rights of others to freely seek, receive , transfer, produce and distribute information in any legal way, ”- says in conclusion.
')
The Office also believes that the main purpose of restricting access to illegal information is the complete removal from the network of such information, and not references to such information from search results. All comments of the Department were submitted to the relevant State Duma Information Policy Committee.
According to representatives of the Legal Department of the State Duma, the provisions specified in the draft law should be correlated with the 152nd article of the Civil Code. This article already provides for the right of a citizen to delete information, and not references to the information itself. At the same time, the mechanism for exercising such a right in court works in a similar way, if a citizen can prove that the information posted on the Network does not correspond to the actual state of affairs. "In this regard, we believe that determining whether information on a citizen disseminated on the Internet is reliable or not is the responsibility of the court, and not the search engine operator, and should be made as part of the claim to the person who directly distributes such information" - said in conclusion.
The Legal Department of the State Duma indicates that search engines cannot determine the presence of signs of criminal acts in events, as well as the timing of bringing to criminal responsibility. This is the competence of the court and law enforcement agencies.
Lawyers of the department also note the vagueness of the concept “irrelevant information”, which is contained in the draft law. “In our opinion, if the information has lost its value for the applicant, this does not mean that it has lost its value for other individuals and society as a whole, and therefore an attempt to restrict the free distribution of such information may lead to a violation of the constitutional rights of others to freely seek, receive , transfer, produce and distribute information in any legal way, ”- says in conclusion.
')
The Office also believes that the main purpose of restricting access to illegal information is the complete removal from the network of such information, and not references to such information from search results. All comments of the Department were submitted to the relevant State Duma Information Policy Committee.
Source: https://habr.com/ru/post/291930/
All Articles