Conceptualising a Right to Oblivion in the Digital World: A Human Rights-Based Approach

Abstract

The right to oblivion, else known as right to be forgotten, has recently conquered the legal debate. The ‘proprietary’ or ‘control-based’ approaches on personal data, reflected in the current data protection mechanisms are unable to provide full protection under the rapid evolution of ICT. This article attempts to present the academic discussion on the proposed right and put forward a conceptual approach of the right to oblivion from a human-rights based perspective. An effective right to oblivion confirms the need for a paradigm shift in the traditional understanding of private information/life, leading to a multidimensional conceptualisation of the right to privacy.

Keywords: right to oblivion, right to be forgotten, human rights, data protection directive, EU data protection reform