The Right to Be Forgotten: Issuing a Voluntary Recall

25 Pages Posted: 26 Feb 2015 Last revised: 30 Apr 2020

See all articles by R. George Wright

R. George Wright

Indiana University Robert H. McKinney School of Law

Date Written: February 24, 2015

Abstract

Recently, in Europe and elsewhere, some form of a “Right to Be Forgotten” in various internet and search engine contexts has been recognized. This Article contends, however, that for various largely practical reasons, no such broad-sweeping right should be adopted in the United States. More narrowly particularized defamation, privacy, confidentiality, and emotional distress claims, along with criminal record expungement statutes, jointly provide a better alternative path, especially when modified to address significant socio-economic class effects. Crucially, the superiority of narrower, particularized, contextual, and pluralistic approaches to the concerns underlying a “Right to Be Forgotten” flows from important systematic biases and asymmetries between persons seeking a de-linking or deletion of personal information on the one hand, and information aggregators such as Google on the other.

Keywords: privacy, information, right to be forgotten, internet, search engines

JEL Classification: K19

Suggested Citation

Wright, R. George, The Right to Be Forgotten: Issuing a Voluntary Recall (February 24, 2015). Indiana University Robert H. McKinney School of Law Research Paper No. 2015-13, Drexel Law Review, vol. 7, Available at SSRN: https://ssrn.com/abstract=2569237 or http://dx.doi.org/10.2139/ssrn.2569237

R. George Wright (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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