Google has recently been taken to court by a Spanish man for the results that came up when he googled himself. He asserted that he has the right to get Google to “forget” certain links to his name if he wants it to – such as his house being repossessed over a decade ago in this case. The court has upheld his complaint and Google, as well as all other search engines, will now have to review their privacy policies.
Google are not impressed. In their words this means that search engines are now liable for policing human rights. Because it was ok to violate human rights before, Google?
The Protection of Personal Information Act ( No. 4, 2013) – Popi – in SA means that this ruling has a few important and specific implications for us.
In SA, Popi specifically insists that the collection of information must be done directly from the “data subject” (people) though it does allow the collection of publically available information, such as content placed on social networks.
Also, companies may collect personal data as long as “collection of the information from another source would not prejudice a legitimate interest of the data subject”, says the legislation. […] Milo and Singh argued that in SA, information placed online is the responsibility of the person posting the information or the organisation on whose behalf the information is being posted.“If the individual were to place the information online at the request of a third party, for instance an employer who undertakes to secure the safety of the information, then it will be for the employer in that example to protect the personal information.
All this is great in theory, but no one has yet been named to be the watchdog and enforce penalties for non-compliance. So the most significant lesson of this ruling for us is (surely obvious by now) don’t post things you don’t want people to know online. If it is published, it is public knowledge and – big surprise – the search engine will not be held responsible for the results it turns up. Revolutionary concept really… the internet being the incredibly private and secluded place it is.
[SOURCE] News 24
