Removing unwanted information from the site: Legal aspects and the role of ICANN.

15 February 2024 4 minutes Author: Newsman

In the digital world, websites have become the main carriers of information available to a wide range of users. Your personal information is becoming a commodity in the digital data marketplace, being bought, sold, and traded by sites you use every day, as well as by numerous data brokers you may not even know exist. Also, not all site owners comply with the law, often publishing information obtained or used improperly, including through defamatory statements and other unscrupulous practices. Because of this, the issue of removing unwanted information from websites becomes particularly relevant, in particular in the context of personal data protection, copyright and the fight against false information.

In accordance with the Ukrainian legislation on the protection of personal data, copyright and the fight against false information, you have the right to request the removal of the following information about yourself from the site: personal data that are processed without your consent or do not meet the legitimate purposes of processing (Article 8 of the Law of Ukraine ” On personal data protection”); content that violates your copyright (Chapter 5 of the Law of Ukraine “On Copyright and Related Rights”); as well as false information that harms your reputation or violates your rights (Article 277 of the Civil Code of Ukraine). You have the right to request the correction, blocking or deletion of such information by submitting an appropriate application to the site owner or to a court if the site owner ignores your request. But it will be so long that you get tired of waiting.

In order for the protection of the citizen’s rights to be effective, we suggest that you familiarize yourself with an alternative way of removing information from the site. Here’s how to do it step by step:

  1. Contact the site owner with a motivated request to remove unwanted information, referring to relevant grounds, laws, etc. Contact information can be found on the site itself or through a WHOIS query.

  2. Contact an accredited domain registrar with a motivated request to block a domain name, referring to relevant grounds, laws, etc. Contact information can be found using the search engine on the icann.org website.

The Internet Corporation for Assigned Names and Numbers (ICANN) is the key organization that regulates domain names on the Internet. Accredited domain registrars have contractual obligations with ICANN, where the parties agree to resolve disputes in California courts. Accredited domain registrars may lose their accreditation if they do not comply with laws, policies, or people’s rights.

  1. Apply to ICANN with a complaint about an accredited domain registrar that does not respond to the blocking of a domain name that contains a violation citing the relevant grounds, laws, etc. Contact information can be found at icann.org/en/help.

  2. Contact the support of the search engine with a motivated request to remove the site from the search results, referring to the relevant grounds, laws, etc. The contact information will be the corresponding “forms”, email.

Additional NPAs you can refer to:

  • Regarding intellectual property: PCIP, TRIPS, Lanham Act, DMCA.
  • Regarding personal data and misrepresentation: COPPA, HIPAA, CCPA, GDPR, FIPPs.

Conclusion

Removing unwanted information from the site requires knowing your rights and understanding legal procedures. By following the above steps, you can effectively protect your rights in the digital space. It is also important to pay attention to preventive measures, such as regular monitoring of information about oneself in the network, which will help to detect and respond to potential violations in time. Ultimately, responsible and informed use of Internet resources is the key to protecting your personal and intellectual rights in the digital age.

These legal recommendations were developed by a lawyer in the field of protection of business interests and intellectual property. For professional legal advice, contact via Telegram: @your_legist

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