Iravaban.net respects Person’s Right to be forgotten

Iravaban.net independent professional news website states that certain information published on the site will be edited based on a person’s application to exercise the right to be forgotten.

This decision was made as a result of the study of international and local legislation and jurisprudence conducted by the Armenian Lawyers’ Association.

The essence of the right to be forgotten is that searching of certain information about individuals is maid difficult or impossible even if that information had been known to the public for many years

The right to be forgotten reflects the individual’s requirement to remove from certain internet records or make unreachable to third parties the information that hinder the person’s integration into society and protection of other their rights. It is defined as the right to silence on past events in life that are no longer occurring.

So we state that persons who had not hold or are not holding public office and not considered as a public figure can apply Iravaban.net independent professional news website, with request to make the existing information about themselves unavailable to third parties in the following cases:

  1. If the person has committed a misdemeanor, delict, and at least two years have passed after the proclamation of the judicial act,
  2. If a person has committed a crime of minor gravity, his conviction has been extinguished and at least two years have passed after the proclamation of the judicial act,
  3. If a person presents arguments that the information published on his/her dead relative (if a person has not been a public figure or occupied a senior position) insults the honor and dignity of the deceased, and at the same time is not matter of public record,
  4. If a person submits arguments that the published information which timely publication served for a specific purpose, but currently has ceased serving to this purpose, and at the same time creates obstacles for the full integration of the individual with the society and the protection of other rights.
  5. If a person presents arguments that the published information, which at times has had legal consequences for individuals, has ceased to have such consequences and at the same time creates obstacles for the full integration of the individual with the society and the protection of other rights.

According to Article 4 of the RA Law “On PublicService”, public offices are elected or appointed posts, which are occupied as a result of political processes, discretionary decisions and other procedures provided for by law.

According to Article 7 of the Resolution 1165 (1998) of the Parliamentary Assembly of the Council of Europe: “Public figures are persons holding public office and/or using public resources and, more broadly speaking, all those who play a role in public life, whether in politics, the economy, the arts, the social sphere, sport or in any other domain.

In case of meeting the application, the person’s name, family name will be removed from the website; the photo(s), the part(s) of video/media materials, which can be a basis for identification of the person will be removed or closed. In case of such changes, the following note will appear in the publications:

“The names and surnames, photo(s), video(s), have been edited and are not reflecting the facts of real persons in order to exercise their right to be forgotten.”

Iravaban.net

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