Download this Paper Open PDF in Browser

The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States

A. Cudd & M. Navin (eds) Privacy: Core Concepts and Contemporary Issues (New York: Springer, 2018) (Forthcoming)

12 Pages Posted: 31 Jul 2017 Last revised: 3 Aug 2017

Patrick O'Callaghan

University College Cork - School of Law

Date Written: July 1, 2017

Abstract

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

Suggested Citation

O'Callaghan, Patrick, The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States (July 1, 2017). A. Cudd & M. Navin (eds) Privacy: Core Concepts and Contemporary Issues (New York: Springer, 2018) (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3009254

Patrick O'Callaghan (Contact Author)

University College Cork - School of Law ( email )

College Road
Cork, County Cork
Ireland

Paper statistics

Downloads
111
Rank
213,327
Abstract Views
382