The Right to Be Forgotten v. Free Speech

Abstract

The EU right to be forgotten is a new privacy right that has sparked great controversy around the world. As more countries consider adopting such a right, the controversy will only intensify. This Essay is intended to map the various alternatives countries and search engines have in reconciling the potential conflict between the RTBF and the free speech interest in access to information. The solutions are far more varied than the all-or-nothing assumption implicit in the media’s portrayal of the issue. In the conflict between privacy and free speech, there doesn’t necessarily have to be a loser.

Keywords: free speech, right to be forgotten, privacy, Google, FTC, First Amendment, EU