Should There Be a Right to Be Forgotten (The Right to Make Search Engines Hide Information About You) in New Zealand? An Analysis of Google v Spain

Abstract

This paper uses a New Zealand perspective to evaluate the recently established “right to be forgotten” formed by the Court of Justice of the European Union in the case of Google Spain. The right to be forgotten gives individuals the right to have the link to prejudicial personal information deleted from a search engine’s list of results following a search of their name. This paper uses the Google Spain judgment as an avenue to explore how this right was construed based on the European legislation. It then illustrates the current shape of this right by evaluating the principles emerging out of the decisions since its creation. The validity and practicality of the right is then assessed through a discussion of the advantages and disadvantages, which are used to decide that it is desirable to have a right to be forgotten in New Zealand. Finally by analysing the existing legal tools in New Zealand, this paper concludes that there is scope for a right to be forgotten to exist in New Zealand under s 12 of the Harmful Digital Communications Act 2015.

Keywords: Google v Spain, right to be forgotten, internet, data protection, Harmful Digital Communications Act 2015

JEL Classification: K10, K20, K33