Hi, I want to submit a DMCA takedown request via Cloudflare, but I do not want my request to be given to Lumen Database which is a violation of my privacy and right to be forgotten. Please help!
You can’t file a DMCA notice and expect to remain completely anonymous. But, have a look at Reporting abuse to Cloudflare – Cloudflare Help Center.
As the copyright holder, you can designate someone else to represent you in filing your DMCA notice.
This person can be anyone that you authorize, as the copyright holder, to act on your behalf.
There are many companies that offer this service, and they present their contact information instead of yours, meaning that they handle all contact with both the host and the alleged infringer.
However, bear in mind that the agent still must identify who the copyright holder is, meaning who the notice was filed on behalf of. So the information may not help if you already know the infringer, such as with a friend or former business partner, but they can help keep you relatively anonymous in most cases.
With that said, if you were to file an invalid notice and managed to get an agency to submit it on your behalf, even using an agency won’t protect you from the possible repercussions of doing so.
I am not an expert, but I am very sure that your right to be forgotten is not violated when you can initiate something that can force others taking something down. By filing a DMCA request you do get power and if you abuse that power there must be options/tools/info available, so you can be held liable for the damage you wrongly caused. So, I guess that will not be a thing, but that’s just my opinion.
Also, your request sounds very fishy and I think you are missunderstanding your rights. A right to be forgotten implicates, that someone does know something about you. But you are trying to prevent that someone keeps track of what you do entirely. That is not covered by your right to be forgotten. Also, you would have to invoke your right at Lumen, not at Cloudflare. Since you want to be forgotten by their system. Your right to be forgotten does not mean noone can keep track of things you do.
Please inform yourself here about where the right to erasure (right to be forgotten) applies, and where not: Right to erasure | ICO
When does the right to erasure not apply?
The right to erasure does not apply if processing is necessary for one of the following reasons:
- to comply with a legal obligation;
- for the performance of a task carried out in the public interest or in the exercise of official authority;
- for the establishment, exercise or defence of legal claims.
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