Roland,
I disagree. Your name on the professional list could have been copied and sent to others. It will remain on their systems and they can access it. If the list is available on an index system someone may call it up.
If it is a professional list, it is harder to claim it is personal information to the extent it is about your professional life.
Also, the information will be held on servers and others systems that could still disclose it at some future time either by intent or accident. Or someone could mine it if they had a nefarious reason to pursue that information.
On the second scenario, that does not work either. You may be off the next electoral roll, but you will be on previous ones. In the intelligence circles and other industries, you will find people buying copies of yearbooks, annual reports, and keeping them for just this reason. They can go back to a previous year to look up who is on a register even if they are deleted from the current one and future ones.
The ICO's guidance on the public domain suggests that such information is no longer in the public domain, ie in a book hidden away from the average reader, as it is not easily or readily available. Thus, the public domain, which is really what we are talking about, is defined as much by its intrinsic nature as it is by the efforts of others to define it.
The ruling is correct in that once an item is in the public domain it is very difficult to remove it. In reality, one is forgotten by history as the daily accretion of information covers it up and the data itself starts to decay literally and figuratively. In many ways, the natural process of forgetting occurs as celebrities understand too well.
The issue for Mr. Mosely is the legal principle he wishes to defend. He can defend that principle and is right to pursue it. However, it cannot change the public domain or the nature of the public memory.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 01 August 2014 08:00
To: [log in to unmask]
Subject: [MASSMAIL]Re: House of Lords report on 'right to be forgotten'
In message
<[log in to unmask]>, at
19:50:54 on Thu, 31 Jul 2014, Brunella Longo <[log in to unmask]> writes
>Well at para 5 of the document something very wrong, false and
>misleading is said in that: "Once information is lawfully in the public
>domain it is impossible to compel its removal, and very little can be
>done to prevent it spreading."
They seem to be conflating "an original publication in the public domain" and "already having spread a little".
It's entirely possible for me to subscribe to a service (online especially, let's imagine it's a professional directory) that lawfully published information about me, sourced by me, but for there to be a contractual arrangement that I can ask for it to be deleted.
To some extent the same thing applies to later withdrawing consent for a third party to publish information such as my electoral roll details.
--
Roland Perry
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