The 'Right to Be Forgotten' - Worth Remembering?

The ‘Right to be Forgotten’ – Worth remembering? Computer Law & Security Review, Volume 28, Issue 2, April 2012, Pages 143-152

17 Pages Posted: 10 Dec 2011 Last revised: 1 Feb 2018

See all articles by Jef Ausloos

Jef Ausloos

University of Amsterdam - Institute for Information Law (IViR)

Date Written: December 9, 2011

Abstract

In the last few years there has been a lot of buzz around a so-called ‘right to be forgotten.’ Especially in Europe, this catchphrase is heavily debated in the media, in court and by regulators. Since a clear definition has not emerged (yet), the following article will try to raise the veil on this vague concept. The first part will weigh the right's pros and cons against each other. It will appear that the ‘right to be forgotten’ clearly has merit, but needs better definition to avoid any negative consequences. As such, the right is nothing more than a way to give (back) individuals control over their personal data and make the consent regime more effective. The second part will then evaluate the potential implementation of the right. Measures are required at the normative, economical, technical, as well as legislative level. The article concludes by proposing a ‘right to be forgotten’ that is limited to data-processing situations where the individual has given his or her consent. Combined with a public-interest exception, this should (partially) restore the power balance and allow individuals a more effective control over their personal data.

Keywords: Right to be forgotten, Right to oblivion, Privacy, Personal Data, Europe, EU

Suggested Citation

Ausloos, Jef, The 'Right to Be Forgotten' - Worth Remembering? (December 9, 2011). The ‘Right to be Forgotten’ – Worth remembering? Computer Law & Security Review, Volume 28, Issue 2, April 2012, Pages 143-152. Available at SSRN: https://ssrn.com/abstract=1970392

Jef Ausloos (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Roeterseilandcampus, Building A, 5th floor
Nieuwe Achtergracht 166
Amsterdam, Noord-Holland 1018 WV
Netherlands

HOME PAGE: http://ivir.nl

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