EU's Data Protection Reform and the Right to be Forgotten: A Legal Response to a Technological Challenge?

Abstract

Technological and social phenomena like cloud computing, behavioural advertising, online social networks as well as globalisation (of data flows) have profoundly transformed the way in which personal data are processed and used. This paper discusses the efficiency of the legislation in force and the impact of PETs and the concept of privacy by design on the enforcement of data protection rules. By recognizing the need to update the data protection regulation as a result of current technological trends that threaten to erode core principles of data protection, the paper addresses the question if the Draft-Regulation presents an adequate and efficient response to the challenges that technological changes pose to regulators. In this context the paper focuses on the right to be forgotten as a comprehensive set of existing and new rules to better cope with privacy risks online in the age of “perfect remembering” and we how persistency and high availability of information limit the right of individuals to be forgotten. The paper deals with both the normative and the technical instruments and requirements so as to ensure that personal information will not be permanently retained.

Keywords: European Data Protection Directive, Privacy Enhancing Technolgies (PETs), Right to be Forgotten, Privacy by Design