Rocky Road Ahead for 'Right to be Forgotten' in Korea
Rocky Road Ahead for 'Right to be Forgotten' in Korea
  • By Monica Youn-soo Chung (monica@koreaittimes.com)
  • 승인 2015.07.07 02:59
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Who has the right to remove information online "Right to be forgotten" is emerging as a hot potato in the digitalized modern society.
"Right to be forgotten" refers to users' right to ask portal sites to remove their personal information and contents.

With countless information fast spreading online, it seems almost impossible to completely remove all the information in the virtual space. However, with controversies over invasion of privacy constantly rising, debates are ongoing in many nations over how to properly regulate them. Some experts side with the implementation of regulation to protect personal information while others say that regulations may invade "right to know."

The debate on "Right to be forgotten" traces back to 2009 when Spanish lawyer Mario Costeja Gonzalez found out that the newspaper article that he sold his house for his debt a decade ago is still be researched on Google. He asked Google to remove the article on the grounds that the article invades his privacy because he already paid off all of his debts. The lawsuit began as Google rejected his request.

Eventually, last May, the European Court of Justice said, "All Internet users have right to be forgotten," ordering Google to remove the related links. That was the first official judgement approving "Right to be forgotten."

Since then, the debate began in many nations and also here in South Korea, the Korea Communications Commission is reviewing how to regulate the issue.

According to the survey jointly conducted by the Korea Internet & Security Agency and the Ministry of Science, ICT and Future Planning, a majority of the respondents said that the records of personal information including their writings on online boards or online shopping history should all be removed. Most of the users agree with "Right to be forgotten," according to the survey.

In effect, there is a relevant system in regard with "Right to be forgotten" here. When users who are invaded of their privacy ask the portal sites to remove the information, the contents are automatically be blocked for 30 days. However, since it is just a temporary measure and users do not know what to do after the 30 days.

Moreover, this is not applied to social media sites whose servers are located overseas such as Google, Facebook and Twitter.

Making the relevant laws still looks too slow even after the relevant bill was proposed at the National Assembly. The opponents say that the relevant laws may be misused. When all the information is removed it can invade the freedom of expression and politicians who have shameful history can wash their image, eventually violating public interests.

For the ECJ's decision approving "Right to be forgotten," Wikimedia Foundation executive director Lila Tretikov said, "The court ignores the basic and important right of human which is to seek, send and receive information."

According to market watchers, the discussion on the legislation is being discussed by a "research committee" led by the Korea Communications Commission and Korea Internet & Security Agency, half of the participants are opposing the legislation.

The research committee comprised of 15 experts from academics and industry has discussed the issue every month since last September but found it hard to narrow the difference.

"Since many are opposing the legislation among the debaters, it is not easy to make a law any time soon. Instead, they are more likely to make guidelines," said one expert declining to be identified.

"Only after there is a basic consensus, the relevant bills can be made. Currently, there are diverse opinions and we should fully accept them," an official from the KCC said.


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