Finding a Solution to the Google’s Dilemma on the 'Right to Be Forgotten', after the 'Political' ECJ Decision

5 Pages Posted: 22 Nov 2014

See all articles by Alessandro Mantelero

Alessandro Mantelero

Polytechnic University of Turin - Department of Management and Production Engineering

Date Written: November 19, 2014

Abstract

The decision of the European Court of Justice on the Google case has re-opened the debate on the importance of remembering and forgetting in the digital age. For this reason, the decision induces to reconsider the provisions of the Article 17 of the EU Proposal for a General Data Protection Regulation.

The future EU regulation should consider the peculiar nature of search engines and introduce an "ad hoc" legal provision, which excludes the direct enforcement of the right to erasure carried out by data controllers and requires a complaint direct to a court or data protection authority (DPA).

At the same time, this provision should also impose to data controllers the temporary removal (e.g. 20-30 days) of the links in dispute, which will be reactivated if the data subject does not take legal action within this time.

These Remarks were adapted from my contribution to the 58th Congress of the Union Internationale des Avocats, held on October 29-November 02, 2014, in Florence, Italy.

Keywords: right to be forgotten, privacy, data protection

JEL Classification: K1, K2

Suggested Citation

Mantelero, Alessandro, Finding a Solution to the Google’s Dilemma on the 'Right to Be Forgotten', after the 'Political' ECJ Decision (November 19, 2014). Available at SSRN: https://ssrn.com/abstract=2528565 or http://dx.doi.org/10.2139/ssrn.2528565

Alessandro Mantelero (Contact Author)

Polytechnic University of Turin - Department of Management and Production Engineering ( email )

Corso Duca degli Abruzzi, 24
Torino, 10129
Italy

HOME PAGE: http://staff.polito.it/alessandro.mantelero/

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