How can I erase ignominy?
How can I erase ignominy?
"My private life is regularly disrupted by biased articles about me on the internet, following an old dispute which I won.
If I can't make the truth triumph, how should I go about erasing these ignominies?
Maurice
According to the definition given by the Federal Data Protection and Information Commissioner, the right to digital oblivion corresponds to the possibility of controlling one's traces and one's life (private and public) on the Internet. It is not an absolute right because, depending on the circumstances, respect for the private sphere may come into conflict with freedom of expression and the duty to inform or remember.
The purpose of the Federal Data Protection Act (DPA) is to protect the personality and fundamental rights of people whose data is processed. The data subject may exercise his or her right to rectification or opposition in cases where such processing is not (or is no longer) justified. Under art. 13 of the Data Protection Act, an infringement of privacy can only be justified by the consent of the victim, by an overriding private or public interest, or by law. If this is not the case, the dispute may be brought before the civil courts and, pursuant to art. 15 of the DPA, the victim may request that the processing of the data, in particular its disclosure to third parties, be prohibited or that it be rectified or destroyed. If the accuracy or inaccuracy of personal data cannot be established, the plaintiff may request that the data be marked as disputed.
With regard to the place of jurisdiction, article 20 of the Swiss Code of Civil Procedure stipulates that the court of the domicile or registered office of one of the parties has jurisdiction to rule on such an action, so that the Swiss courts can perfectly well deal with an application against a search engine located abroad.
In 2014, the Court of Justice of the European Union recognised the right of individuals to request the removal from Google search results of links to pages containing their personal data. In order to comply with this European decision, the American company has put online a procedure for requesting the removal of content under European data protection legislation.
