Proposal for Extension of EU’s “Right to be Forgotten” Law to include news media outlets
In a ground-breaking move to bolster personal rights within the European Union, Mr. Robert Szustkowski has issued an Open Letter to the European Commission, advocating for a significant expansion of the EU’s “Right to be Forgotten” law. This proposal seeks to hold news media outlets accountable as data controllers responsible for the handling of personal information, a change poised to revolutionize digital privacy and reputation management.
A call for regulatory evolution
In his letter addressed to Executive Vice-President Jourova and Commissioner Reynders, Mr. Szustkowski underscores the urgent need for updated regulations that give the tools to defend personal rights like, among others, reputations and image in an increasingly digital world. The original “Right to be Forgotten” law, introduced by former European Commissioner Viviane Reding in 2012, was a pioneering step in data protection. However, with the rapid advancement of digital information sharing and news dissemination, Mr. Szustkowski calls for a re-evaluation of how personal data and information connected to it are managed and rectified. The primary goal of the initiative addressed to the European Union authorities is to introduce procedures and systemic principles for protecting European Union society against disinformation by giving individuals additional tools to manage and defend their personal rights from defamatory press releases in media.
Striking a balance between privacy and freedom of speech
Mr. Szustkowski emphasizes that the original framework of the “Right to be Forgotten” must evolve to address current realities. He advocates for a balanced approach that respects both privacy and freedom of speech, asserting that individuals should have the right to remove untrue, undocumented, or irrelevant information that damages their reputation.
The Open Letter places a strong emphasis on safeguarding human dignity, urging for specific measures to protect individuals from misleading information and defamation. Mr. Szustkowski’s own experiences with media defamation in Poland highlight the pressing need for enhanced protections. Despite numerous court decisions in his favour, harmful and false information continues to circulate, demonstrating the inadequacy of existing regulations.
Mr. Szustkowski’s letter outlines several key recommendations for extending the “Right to be Forgotten” to include news media outlets. Most importantly, the author of the initiative claims that news media entities should be categorized as data controllers, making them responsible for the accuracy and rectification of information connected to personal data they publish. The European Commission should establish clear guidelines for media publishers, including legal responsibilities for breaches of the directive. Accordingly, a standardized reporting form should be introduced for individuals to request the erasure of inaccurate or defamatory information and information about personal data breaches should be widely available, raising public awareness and ensuring media accountability.
Mr. Szustkowski’s proposal aims to align media practices with the core principles of fairness, justice, and respect for human rights that form the foundation of the European Union. As the EU contends with external disinformation and internal threats to individual rights, extending the “Right to be Forgotten” to encompass news media outlets is essential for safeguarding the dignity and reputation of its citizens.
