The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States
A. Cudd & M. Navin (eds) Core Concepts and Contemporary Issues in Privacy (New York: Springer, 2018)
12 Pages Posted: 31 Jul 2017 Last revised: 9 Aug 2018
Date Written: July 1, 2017
This chapter argues that there is some (limited) evidence of a right to be forgotten in the jurisprudence of U.S. courts. For the purposes of this argument, the right exists whenever interests in being forgotten and/or forgetting are understood as weighty enough to impose a duty on government and/or fellow citizens to respect those interests. Most of the relevant cases belong to the pre-digital era but nevertheless provide some doctrinal support for a right to be forgotten in the digital era. In particular, the chapter pays close attention to the privacy challenges associated with search engines and argues that it may be possible to implement a Google Spain-inspired right to be forgotten (in the sense of delisting or deindexing search results) in the United States.
Keywords: Right to be Forgotten; Right to be Delisted; Right to be Delinked; Google Spain; Search Engines
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