Jeremy Malcolm and Aylin Akturk have a discussion on Electronic Frontier Foundation of The European Union’s proposed “data protection regulations” where privacy of personal data is seen as a separate fundamental right. One problem is that the concept is getting merged with the “right to be forgotten” and can result in takedowns by service providers, without even a notification of the content author, when compared to the DMCA. The story (“Unintended Consequences”) link on EFF is here.
The writers point out that hosting providers (rather than just forum moderators) could take comments when challenged by individuals asserting this supposed privacy right. The same might apply to blog postings, or to entire articles on hosted sites.
It would seem to complicate things further that the site might originate in the USA. It’s true that some services (Blogger) set up separate country domains for their services to allow country-specific enforcement of special case legal orders. For example, this practice is already in place for informing EU visitors about cookies on ads in US-authored blogs, here.
The European Union is likely to have a very see-sawed debate on privacy (and even freedom of expression) on the Internet given recent events in France.