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Right to erasure on anonymous boards, apps, etc.

  • 20-07-2020 2:41pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I'd like to ask this anonymously, for personal reasons, though I'm not sure it really fits here. If the mods can move it to a more appropriate forum (if this isn't the appropriate forum), without me having to reveal my identity, please do.

    I am a member of another message board, like boards. I have been subjected to bullying an abuse, and the moderators not only refuse to do anything about it, but some of them join in. The message board is privately owned, so they have no responsibility to anyone, and they can/will not be held accountable by anyone higher up.

    I have decided that the best move for me is to simply leave that message board. My username is fairly anonymous, but it's distinctive, and I've probably revealed enough information about myself over the years that I might be identifiable, if someone tried hard enough. Given the nature of the false allegations made against me, I would like for all traces of my ever having been a member to be deleted. I'm wondering if it's possible to request/demand that, under GDPR/right to erasure.

    I've tried looking up the answer myself, but I'm not sure if the things I've posted over the years are considered my information, and I can't tell if any of the exceptions where the right to erasure doesn't apply, apply in my case.
    Like I said, my username is does not idenify me, but I think that there is enough information on me, in conjunction with my username, that I might be identifiable.

    I'd appreciate if anyone can help me on this. It's causing me a lot of stress, as I'm now concerned that my livelihood could be affected.


Comments

  • Society & Culture Moderators Posts: 25,948 Mod ✭✭✭✭Neyite


    People here can't give legal advice but hopefully they could point you in the direction of a few ideas to resolve your issue OP


  • Registered Users, Registered Users 2 Posts: 10,179 ✭✭✭✭Caranica


    How prolific a poster were you? Would it be an option to just edit your posts to remove identifying information?

    I suspect I know the forum you mean and I had a similar experience. I just walked away


  • Posts: 3,505 ✭✭✭ [Deleted User]


    First I'd check the website for a privacy policy, that might clear up what they consider personal or not.

    You could also just request the erasure - regardless of whether they're obliged to do it, they might just delete it all for you anyway. If they're not sure themselves, it's probably easier for them to delete your posts rather than get legal counsel.

    Finally, if they wont do it for you and don't have a privacy policy, you could always get legal advice. But there's no harm in opening the conversation with them to find out where you stand.


  • Moderators, Society & Culture Moderators Posts: 7,242 Mod ✭✭✭✭Hannibal_Smith


    Im on another forum and a few users requested that their accounts and posts be deleted under GDPR and it was done. Their posts, usernames, everything was replaced with a note saying it was deleted at poster's request under GDPR guidelines.

    Do it is possible to do it. It has been done. Whether it was done as an act of courtesy or a right, I'm not sure.

    You could ask them and see what they say?


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    OP here. Thanks for the responses so far.
    On whether or not I'm a prolific poster, there's definitely too much for me to delete manually.
    Even if that wasn't the case though, there have been some very serious (false) accusations made of me in a thread that has now been locked, and as it's been locked, I can't edit my posts. That also wouldn't solve the issue of other users who made the false accusations, as their posts would still be there. I have already requested that the offending posts be deleted, and the moderators have ignored the request. The fact that they've just locked the thread, when usually, a thread like that would be deleted, seems to suggest that one or several of them actually want me to suffer in some way (although I don't know why - I've never had any run ins with any of the moderators before).

    I have checked the privacy policy, but it doesn't give much information on whether or not they're likely to comply with my request to have all mentions of me deleted. It looks like a fairly generic privacy policy, with the usual sort of "we comply with GDPR, we only hold necessary data, you can request all data we hold on you" etc. I will request that they provide me with all of the data they hold on me anyway, but I was hoping if someone could tell me if I'm likely to be within my rights to demand that they delete any reference to me. I suspect maybe I'm not, but I'm hoping I am.

    Once again, thanks for the responses so far. I'm still hopeful someone can tell me if I can demand, rather than request, that they delete everything, or point me in the direction of advice that answers my question (as I appreciate that you can't give me legal advice, per se).


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  • Moderators, Society & Culture Moderators Posts: 3,022 Mod ✭✭✭✭wiggle16


    The only distinction between a demand and a request really is that a demand would have something to back it up rather than being solely at the discretion of the website owners/administrators, as a request would be. The Citizen's Information website gives quite comprehensive information about the right of erasure under the Act.

    https://www.citizensinformation.ie/en/government_in_ireland/data_protection/rights_under_general_data_protection_regulation.html

    The important thing to take from that page is that the right of erasure/to be forgotten is not absolute. You're far more likely to get what you want by politely requesting deletion of your data and explaining why. If you approach this by "demanding" they do something you are more likely to meet resistance or having rules implemented to the letter - which may not end with the result you want.

    I dont really understand why you want to make that distinction though. "Can I demand X" is effectively no different to saying "have I the right to X" and thats something you'll have to research yourself. The link above would be a good place to start though.


  • Registered Users, Registered Users 2 Posts: 229 ✭✭guitarhappy


    I don't know what board it is. If you're unsuccessful at deletion, you could add new threads/posts that would have the effect of throwing anyone off the trail of identifying you.

    Like, if you're male, post something that suggests you're female. If you live in County X, post something about the politics you're seeing in County Y. You get the point... throw up some smoke screens against your actual identity.

    One thing about being anonymous is you can be whomever you want to preserve your privacy and safety. It's not a question of dishonesty, it's your safety. I don't know why anyone gives their real location, birthdate, photos, etc anyway, you don't know who's out there and I don't want to be a victim.


  • Registered Users, Registered Users 2 Posts: 3,405 ✭✭✭Airyfairy12


    Anything posted on an online forum should be deleted on request of the poster, regardless of what was posted, I think it shows moderators in a very bad light when they refuse to delete or edit information after it has been requested it be deleted by the poster. Some people thrive on the little power they get from being a moderator on a forum, it's something to think about moving forward when posting anything online.
    I dont think theres any legal way you can force them to remove the information, id suggest leaving the forum and deleting your account. Any false accusations made will have no merit and will eventually be forgotten within a couple of weeks at the most. Also, you might think you will be identified but the chances are slim, consider how many people you know who would know personal information about you, how many of those people are likely to be on that forum and narrow that down again, how many of those people are likely to have seen the false accusations. Even if a handful of people who know you did see them and made a connection that your posts sound similar to you, they can only assume, they dont really know.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Anything posted on an online forum should be deleted on request of the poster, regardless of what was posted, I think it shows moderators in a very bad light when they refuse to delete or edit information after it has been requested it be deleted by the poster. Some people thrive on the little power they get from being a moderator on a forum, it's something to think about moving forward when posting anything online.
    well it's not deleted here is it? Or other places. They just anonymise it. Would that do op, if they changed your username?


  • Registered Users, Registered Users 2 Posts: 3,022 ✭✭✭skallywag


    wiggle16 wrote: »
    The important thing to take from that page is that the right of erasure/to be forgotten is not absolute. You're far more likely to get what you want by politely requesting deletion of your data and explaining why. If you approach this by "demanding" they do something you are more likely to meet resistance or having rules implemented to the letter - which may not end with the result you want.

    I think Wiggle has hit it on the head. There is normally no legal obligation whatsoever for a forum to delete previous posts. There tends to be a lot of misunderstanding still around about what GDPR really entails, but it certainly does not give everyone the automatic right to nullify everything that they have written on a specific forum.

    I can only echo what Wiggle has advised in going down the 'asking kindly' route, and hoping they comply. If you go in all guns blazing, or even make it just sound like this is your entitlement, then you are running a high risk of pissing someone off, meaning you will never achieve what you want.

    I would try to identify a senior/respected mod/admin, and PM them to plead your case.


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