Reconsidering the 'Right to Be Forgotten' - Memory Rights and the Right to Memory in the New Media Era

25 Pages Posted: 2 May 2015 Last revised: 4 Aug 2015

See all articles by Noam Tirosh

Noam Tirosh

Ben-Gurion University of the Negev, Students

Date Written: April 30, 2015

Abstract

On May 13th, 2014 the Court of Justice of the European Union established officially what has been widely referred to since as “the right to be forgotten” (RTBF). This study, after analyzing the right itself and discussing its legal origins, and through claiming that the RTBF’s is actually about the control of one’s pubic narrative, as well as public representation of its life stories, in the digital era approaches the right to be forgotten from a memory driven perspective. While commentators about the right to be forgotten tend to focus on the clash between privacy rights and expression rights of “data subject”, this study will focus on the right’s influence on the right of the “storytelling subjects.” From this new perspective, this study criticize the right to be forgotten due to its emphasis on forgetting – as memory is always about both forgetting and remembering; and due to the fact that only individuals can materialize the right – while in fact memory is a phenomenon shared by both individuals and collectives. Eventually, this study uses the opportunity created by the establishment of the right to be forgotten – the creation of a new discourse connecting between memory and rights – and suggests replacing it with a larger right – a right to memory – that includes both remembering, forgetting, being remembered and being forgotten, and enables both individuals and collectives to enjoy it’s protection.

Keywords: Collective memory, Right to Be Forgotten, Data Subject

Suggested Citation

Tirosh, Noam, Reconsidering the 'Right to Be Forgotten' - Memory Rights and the Right to Memory in the New Media Era (April 30, 2015). Available at SSRN: https://ssrn.com/abstract=2600851

Noam Tirosh (Contact Author)

Ben-Gurion University of the Negev, Students ( email )

Beer Sheva
Israel

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