scholarly journals Who owns the news? The "right to be forgotten” and journalists’ conflicting principles

2021 ◽  
Author(s):  
Ivor Shapiro ◽  
Brian MacLeod Rogers
Keyword(s):  
Ethical Decision Making ◽  
Ethical Issues ◽  
Historical Record ◽  
The European Union ◽  
Ethical Implications ◽  
Right To Be Forgotten ◽  
Digital Journalism ◽  
Negative Impacts ◽  
The Right

“The right to be forgotten” (RTBF) is a relatively new concept in human-rights law, but it deals in root ethical issues familiar to news people and their sources. Editors must routinely weigh the news’ long-term role as a “historical record” against its potential negative impacts on individuals. In the digital-journalism era, publication is at the same time both more enduring and less static, creating new parameters and possibilities for ethical decision-making. Because news content may be seen by more people in more places for much longer, the potential to do lasting good or harm is greater, but, because digital publication is more retractable and redactible than legacy platforms, the possibility of correction, clarification and removal creates both new harm-reduction opportunities and new challenges to the historical record. Also known as a “right to erasure” or “right to oblivion,” the RTBF, now accepted in the European Union, recognizes that, even in the age of Google, people should retain some degree of control over information about themselves and their pasts. (Factsheet on the ‘Right to be Forgotten’ ruling (C131-12), n.d.; Manna, 2014; Rosen, 2012). This paper will explore both legal and ethical implications of the issue.

scholarly journals Who owns the news? The "right to be forgotten” and journalists’ conflicting principles

2021 ◽  
Author(s):  
Ivor Shapiro ◽  
Brian MacLeod Rogers
Keyword(s):  
Ethical Decision Making ◽  
Ethical Issues ◽  
Historical Record ◽  
The European Union ◽  
Ethical Implications ◽  
Right To Be Forgotten ◽  
Digital Journalism ◽  
Negative Impacts ◽  
The Right

“The right to be forgotten” (RTBF) is a relatively new concept in human-rights law, but it deals in root ethical issues familiar to news people and their sources. Editors must routinely weigh the news’ long-term role as a “historical record” against its potential negative impacts on individuals. In the digital-journalism era, publication is at the same time both more enduring and less static, creating new parameters and possibilities for ethical decision-making. Because news content may be seen by more people in more places for much longer, the potential to do lasting good or harm is greater, but, because digital publication is more retractable and redactible than legacy platforms, the possibility of correction, clarification and removal creates both new harm-reduction opportunities and new challenges to the historical record. Also known as a “right to erasure” or “right to oblivion,” the RTBF, now accepted in the European Union, recognizes that, even in the age of Google, people should retain some degree of control over information about themselves and their pasts. (Factsheet on the ‘Right to be Forgotten’ ruling (C131-12), n.d.; Manna, 2014; Rosen, 2012). This paper will explore both legal and ethical implications of the issue.

scholarly journals From social regulation of competition to competition as social regulation: transformations in the socioeconomic governance of the European Union

2017 ◽  
pp. 53-68 ◽  
Author(s):  
Antonios Roumpakis ◽  
Theo Papadopoulos
Keyword(s):  
Industrial Relations ◽  
Social Regulation ◽  
The European Union ◽  
Wage Setting ◽  
Regulatory Changes ◽  
European Court ◽  
The Right ◽  
New Procedures ◽  
The Eu

This chapter studies the character of contemporary socioeconomic governance in the EU. It draws on empirical evidence capturing the type and extent of regulatory changes in the fields of industrial relations, corporate governance, and the coordination of macro-economic policy in the EU. The effects of these changes are long term, cumulative, and mutually reinforcing and should be seen as integral elements of a relatively coherent project to establish a form of transnational polity in Europe that privileges competition as its regulatory rationale. Indeed, the European Court of Justice (ECJ) has been institutionally prioritising market freedoms and competition over labour rights, and especially the right to collective action in an emerging transnational regulatory field in the EU. Meanwhile, the new procedures of European macro-economic coordination construe national wage setting, collective bargaining institutions, and, more generally, social policy as adjustment variables serving primarily the purpose of promoting or restoring member states' economic competitiveness.

scholarly journals The Role of Entrepreneurship in Changing The Employment Rate in The European Union

2021 ◽  
Author(s):  
Athanasios Anastasiou ◽  
Vasiliki Argiri ◽  
Dimitrios Komninos ◽  
Zacharias Dermatis ◽  
Christos Papageorgiou
Keyword(s):  
Economic Growth ◽  
Economic Activity ◽  
The European Union ◽  
Literature Research ◽  
Modern Economic ◽  
Key Features ◽  
The Right ◽  
New Jobs

Abstract The aim of this research is to examine the concept of entrepreneurship in the context of modern economic realities by presenting features and factors that contribute to economic growth. High unemployment, low economic growth and shrinking investment are key features of the long-term economic crisis at both national and European level.New entrepreneurship, combined with the strengthening of the existing one, is a powerful antidote to the fight against unemployment, as it provides the opportunity, mainly to young people, to innovate and create new products and services contributing to the wider economic and social whole, reducing unemployment while creating the right conditions for a remarkable and outward-looking economy. Taking into account the literature research, it is examined how the development of entrepreneurship actually contributes to the encouragement of economic activity, creating a favorable ground for growth in all sectors of the economy and the creation of new jobs.

scholarly journals Collective memory or the right to be forgotten? Cultures of digital memory and forgetting in the European Union

2021 ◽  
pp. 175069802110447
Author(s):  
Elizabeth Stainforth
Keyword(s):  
European Union ◽  
Collective Memory ◽  
European Commission ◽  
Memory Studies ◽  
The European Union ◽  
European Regulation ◽  
Digital Memory ◽  
Right To Be Forgotten ◽  
Google Books ◽  
The Right

This article investigates cultures of digital memory and forgetting in the European Union. The article first gives some background to key debates in media memory studies, before going on to analyse the shaping of European Commission and European Union initiatives in relation to Google’s activities from the period 2004–present. The focus of inquiry for the discussion of memory is the Google Books project and Europeana, a database of digitized cultural collections drawn from European museums, libraries and archives. Attention is then given to questions of forgetting by exploring the tension between Google’s search and indexing mechanisms and the right to be forgotten. The article ends by reflecting on the scale of the shift in contemporary cultures of memory and forgetting, and considers how far European regulation enables possible interventions in this domain.

scholarly journals Analisis Sebaran Spasial Kerentanan Longsor Sebagai Upaya Mitigasi Bencana di Kecamatan Berastagi Kabupaten Karo Provinsi Sumatera Utara

2021 ◽  
Vol 6 (3) ◽  
Author(s):  
Dinda Ayu Pertiwi Sitorus ◽  
Slamet Bejo ◽  
Said Muzambiq
Keyword(s):  
Research Method ◽  
Building Materials ◽  
Steep Slope ◽  
The State ◽  
Unstable Material ◽  
Negative Impacts ◽  
The Right ◽  
Triggering Rainfall ◽  
Landslide Disaster

Kabupaten Karo has several areas that have the potential to occurrence of a landslide.Therefore, the mitigation  of landslide disaster is very important,  it has long-term negative impacts on  humanity and the environment. This study attempts to analyze the distribution of vulnerability landslides in Berastagi mitigation and management and provide the right environment. The causes of a movement occur  landslides in Berastagi is the state  of a steep slope around 35, 55 % - percent of lithological building materials / unstable material among other volcanic breccias and, riodasit tufa and the factor triggering  rainfall andinfiltration water . The research method was descriptive , whereas scoring with  Shapefile (SHP) data in 2019 was based on the 2004 Puslittanak. The results of the field are the weightings of the respective parameter with overlay uses arcgis 10.6 software. The result showed that the DouluVillage, SempaJaya Village, Raya Village, as well as Tambak Lau Mulgap II in the Berastagi District have a high vulnerability to landslides. Thus, recommendations  for mitigation of calamity , by revegetation  erosion including  planting  crops.

The Right To Be Forgotten

2016 ◽  
Author(s):  
Edward L. Carter
Keyword(s):  
European Union ◽  
Data Protection ◽  
Search Engines ◽  
Freedom Of Expression ◽  
The European Union ◽  
Legal Concept ◽  
Court Of Justice ◽  
Right To Be Forgotten ◽  
The Right ◽  
The Eu

The right to be forgotten is an emerging legal concept allowing individuals control over their online identities by demanding that Internet search engines remove certain results. The right has been supported by the European Court of Justice, some judges in Argentina, and data-protection regulators in several European countries, among others. The right is primarily grounded in notions of privacy and data protection but also relates to intellectual property, reputation, and right of publicity. Scholars and courts cite, as an intellectual if not legal root for the right to be forgotten, the legal principle that convicted criminals whose sentences are completed should not continually be publicly linked with their crimes. Critics contend that the right to be forgotten stands in conflict with freedom of expression and can lead to revisionist history. Scholars and others in the southern cone of South America, in particular, have decried the right to be forgotten because it could allow perpetrators of mass human rights abuses to cover up or obscure their atrocities. On the other hand, those in favor of the right to be forgotten say that digital technology preserves memory unnaturally and can impede forgiveness and individual progress. The right to be forgotten debate is far from resolved and poses difficult questions about access to, and control of, large amounts of digital information across national borders. Given the global nature of the Internet and the ubiquity of certain powerful search engines, the questions at issue are universal, but solutions thus far have been piecemeal. Although a 2014 decision by the Court of Justice of the European Union (EU) garnered much attention, the right to be forgotten has been largely shaped by a 1995 European Union Directive on Data Protection. In 2016, the EU adopted a new General Data Protection Regulation that will take effect in 2018 and could have a major impact because it contains an explicit right to be forgotten (also called right to erasure). The new regulation does not focus on the theoretical or philosophical justification for a right to be forgotten, and it appears likely the debate over the right in the EU and beyond will not be resolved even when the new rule takes effect.

scholarly journals Gender Transition: Is There a Right to Be Forgotten?

2021 ◽  
Author(s):  
Mónica Correia ◽  
Guilhermina Rêgo ◽  
Rui Nunes
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Health Data ◽  
Information Control ◽  
The European Union ◽  
Gender Transition ◽  
General Data Protection Regulation ◽  
Right To Be Forgotten ◽  
And Gender ◽  
The Right

AbstractThe European Union (EU) faced high risks from personal data proliferation to individuals’ privacy. Legislation has emerged that seeks to articulate all interests at stake, balancing the need for data flow from EU countries with protecting personal data: the General Data Protection Regulation. One of the mechanisms established by this new law to strengthen the individual’s control over their data is the so-called “right to be forgotten”, the right to obtain from the controller the erasure of records. In gender transition, this right represents a powerful form of control over personal data, especially health data that may reveal a gender with which they do not identify and reject. Therefore, it is pertinent to discern whether the right to have personal data deleted—in particular, health data—is ethically acceptable in gender transition. Towards addressing the ethical dimensions of the right to be forgotten in this case, this study presents relevant concepts, briefly outlines history, ethics and law of records considering the evolution from paper to electronic format, the main aspects of identity construction and gender identity, and explores the relationship between privacy, data protection/information control and identity projection. Also, it discusses in gender transition the relation between “the right to self-determination”, “the right to delete”, and “the right to identity and individuality”. Conclusions on the ethical admissibility of the ‘right to be forgotten’ to control gender-affirming information are presented.

scholarly journals The Ethics of Using Digital Trace Data in Education: A Thematic Review of the Research Landscape

2021 ◽  
pp. 003465432110201
Author(s):  
Laura Hakimi ◽  
Rebecca Eynon ◽  
Victoria A. Murphy
Keyword(s):  
Ethical Decision ◽  
Ethical Decision Making ◽  
Ethical Issues ◽  
Academic Community ◽  
Institutional Setting ◽  
Trace Data ◽  
School Aged Children ◽  
Thematic Review ◽  
Study Type

This article presents the findings of a systematic qualitative analysis of research in the ethics of digital trace data use in learning and education. From the resulting analysis of 77 peer-reviewed studies, we (1) map the characteristics of research by study type, academic community, institutional setting, and national context; (2) identify the primary ethical concerns and related responses; and (3) highlight the research gaps. Four areas of focus are identified in this emerging area: (1) privacy, informed consent, and data ownership; (2) validity and integrity; (3) ethical decision making; and (4) governance and accountability. We highlight the lack of evidence particularly for preschool and school-aged children and the disparate communities working in this domain, and we suggest a more cohesive approach, where the wider learning and educational ecosystem is recognized, explicit engagement with ethical theory is central, and mid- to long-term ethical issues are considered alongside immediate concerns.

scholarly journals Right to be forgotten: european data imperialism, national privilege, or universal human right?

2020 ◽  
Vol 13 (1) ◽  
pp. 125-152
Author(s):  
Oskar J. Gstrein
Keyword(s):  
European Union ◽  
Data Protection ◽  
Freedom Of Expression ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Data ◽  
Right To Be Forgotten ◽  
European Court ◽  
The Right

The Digital Age has fundamentally reshaped the preconditions for privacy and freedom of expression. This transpires in the debate about a "right to be forgotten". While the 2014 decision of the European Court of Justice in "Google Spain" touches upon the underlying issue of how increasing amounts of personal data affects individuals over time, the topic has also become one of the salient problems of Internet Governance. On 24th September 2019 the European Court of Justice delivered its judgment in "Google vs CNIL" (C-507/17) which was supposed to clarify the territorial scope of the right. However, this judgment has raised doubts about the enforceability of the General Data Protection Regulation, and reveals the complex, multi-layered governance structure of the European Union. Acknowledging such complexity at a substantive and institutional level, this article starts by analysing the judgment. Additionally, to better understand the current situation in the European Union and its member states, recently produced draft guidelines by the European Data Protection Board are presented and discussed, as well as two judgments of the German Federal Constitutional Court. Subsequently, the European developments are put in international context. Finally, the insights from these sections are combined which allows to develop several conceptual ideas. In conclusion, it is argued that the right to be forgotten remains complex and evolving. Its success depends on effective multi-layer and multistakeholder interaction. In this sense, it has become a prominent study object that reveals potential venues and pitfalls on a path towards more sophisticated data protection frameworks.

scholarly journals The COMMUNITARIAN AND INTERGOVERNMENTAL DIMENSION OF THE EU VISA LAW

2020 ◽  
Vol 37 (2) ◽  
pp. 7-31
Author(s):  
Maciej Zbigniew Cesarz
Keyword(s):  
Formal Analysis ◽  
The European Union ◽  
Political Determinants ◽  
Institutional Dimension ◽  
The Subject ◽  
Visa Policy ◽  
The Right ◽  
National Practice ◽  
Complex Matter

This article explores the development of EU visa policy with special emphasis put on legal and institutional dimension. Basing on a formal analysis of primary and secondary law of the European Union and literature of the subject, it claims that intergovernmental roots of common visa policy strongly affect the current structure of EU regulations on visas. The research is focused on the formal development in this area of integration with particular attention paid to intergovernmental dimension which is still present in the framework of Schengen visa regime. Visa facilitation agreements as part of EU visa law as well as political determinants of common visa policy are also examined. The article concludes that visa issuing still remains a complex matter, characterized by dispersion of visa acquis due to separate provisions that still remain in force and which presents a mix of hard and soft law. Since the Member States have retained the right to issue national, long-term visas and the national practice of issuing uniform visas remains varied, the European integration in the area of visas is still incomplete.

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