Recital 54*

Go to related Article 17

Commission proposal

(54) To strengthen the ‘right to be forgotten’ in the online environment, the right to erasure should also be extended in such a way that a controller who has made the personal data public should be obliged to inform third parties which are processing such data that a data subject requests them to erase any links to, or copies or replications of that personal data. To ensure this information, the controller should take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible. In relation to a third party publication of personal data, the controller should be considered responsible for the publication, where the controller has authorised the publication by the third party.

EDRi’s Proposed amendment

(54) To strengthen the ‘right to be forgottenerasure‘ in the online environment, the right to erasureit should also be extended in such a way that a controller who has made the personal data public should be obliged to inform third parties which are processing such data that a data subject requests them to erase any links to, or copies or replications of that personal dataof the data subject’s request for erasure. To ensure this information, the controller should take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible. In relation to a third party publication of personal data,The controller should be considered responsible for the publication, where the controller has authorised the publication by the third party.

Justification
The text proposed by the Commission is far too broad to be implemented “as is” without significant dangers for freedom of communication.

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