The Right to Be Forgotten and the Least Cost Avoider

Abstract

This paper addresses the recent right to be forgotten decision of the European Court of Justice from a critical standpoint. The paper shows particular -- and unprecedented -- concern with the application of the least cost avoider rule by the court with no particular concern with its implications over publicity, balance between competitors, network neutrality and disproportional reach.

Keywords: right to be forgotten, privacy, information, least cost avoider, competition, Internet security, network neutrality

JEL Classification: K00