Right to be forgotten

Right to be forgotten

The right to be forgotten, also known as the right to erasure, is a concept that allows individuals to request the removal of their personal information from online platforms and search engine results. It is based on the idea that individuals should have control over their own data and be able to protect their privacy.

Background

The right to be forgotten gained prominence with the rise of the internet and the increasing amount of personal information available online. In 2014, the Court of Justice of the European Union (CJEU) ruled in the landmark case of Google Spain v AEPD and Mario Costeja González that individuals have the right to request the removal of search engine links that contain outdated or irrelevant information about them.

Legal Framework

The right to be forgotten is primarily enshrined in the General Data Protection Regulation (GDPR), which came into effect in the European Union in 2018. Article 17 of the GDPR grants individuals the right to request the erasure of their personal data under certain circumstances. However, this right is not absolute and must be balanced against other fundamental rights, such as freedom of expression and the public's right to access information.

Implementation Challenges

Implementing the right to be forgotten has posed several challenges for online platforms and search engines. One of the main challenges is determining what constitutes "outdated" or "irrelevant" information. Different interpretations of these terms have led to debates and legal disputes. Additionally, the global nature of the internet has made it difficult to enforce the right to be forgotten beyond the jurisdiction of the European Union.

Criticisms

The right to be forgotten has faced criticism from various stakeholders. Some argue that it can be used to suppress legitimate information and restrict freedom of expression. Others believe that it places an undue burden on online platforms and search engines to make subjective decisions about what information should be removed. There are concerns that the right to be forgotten could be abused for censorship purposes or to rewrite history.

Impact

The right to be forgotten has had a significant impact on the way personal information is handled online. It has prompted online platforms and search engines to develop mechanisms for handling removal requests and balancing the right to privacy with other fundamental rights. It has also raised awareness about the importance of data protection and privacy rights in the digital age.

Conclusion

The right to be forgotten is a complex and controversial concept that seeks to balance privacy rights with freedom of expression and access to information. While it has its challenges and criticisms, it has also played a crucial role in shaping the way personal data is managed online. As technology continues to evolve, the right to be forgotten will likely remain a topic of debate and discussion in the digital world.

See also

• General Data Protection Regulation
• Privacy rights
• Freedom of expression
• Censorship
• Data protection
• Online privacy