The Right to Be Forgotten - Private Law Enforcement

International Review of Law, Computers & Technology, 30/1-2 (2016), p. 76-83. DOI: 10.1080/13600869.2016.1138628)

Tilburg Private Law Working Paper Series No. 4/2017

9 Pages Posted: 25 Apr 2017

Date Written: April 25, 2017

Abstract

Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life examples show, enforcement is mostly feasible but may be costly. The right to be forgotten is most effective against large, bona fide corporations. This analysis provides a more realistic view of the possibilities of private law enforcement of newly proclaimed rights.

Keywords: Right to be forgotten, Dutch law, tort law, enforcement, legal practice.

Suggested Citation

Tjong Tjin Tai, Eric, The Right to Be Forgotten - Private Law Enforcement (April 25, 2017). International Review of Law, Computers & Technology, 30/1-2 (2016), p. 76-83. DOI: 10.1080/13600869.2016.1138628), Tilburg Private Law Working Paper Series No. 4/2017, Available at SSRN: https://ssrn.com/abstract=2958145 or http://dx.doi.org/10.2139/ssrn.2958145

Eric Tjong Tjin Tai (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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