The Right to be Forgotten—The EU and Asia Pacific Experience (Australia, Indonesia, Japan and Singapore)

(2019) 1 European Human Rights Law Review 23

UNSW Law Research Paper No. 19-2

16 Pages Posted: 23 Jan 2019

See all articles by Bruno Zeller

Bruno Zeller

University of Western Australia - Faculty of Law

Leon Trakman

University of New South Wales (UNSW) - Faculty of Law

Robert Walters

Victoria University

Sinta Dewi Rosadi

Padjadjaran University - Faculty of Law

Date Written: January 1, 2019

Abstract

This article explores the right to be forgotten or otherwise known as the right to erasure in the EU and Asia Pacific. The right to be forgotten has quickly become an important concept of data protection law. It allows a person to request that their personal data and information be deleted or removed from an internet website. Subsequently, from the application of this right, a person has a level of their personal privacy protected over the internet. However, the acceptance and implementation of this right by Australia, Indonesia, Japan, Singapore and the EU varies. With the implementation of the EU General Regulation on Data Protection in May 2018, the right to be forgotten is well entrenched in the EU. This article investigates an issue of growing significance because of Australia’s engagement with these countries, accentuated by the use of the internet. First, one of Australia’s closest neighbours, Indonesia, has the largest Islamic population. Secondly, Singapore being a Commonwealth country along with Australia, has also adopted the common law, and has strong trade and other bilateral partnerships. Thirdly, of all the Asian nations, Japan, that recently obtained equivalency from the EU in data protection law, has seen the right emerge in that state. The right, in many respects is also in conflict with other rights and freedoms (right to expression) and other areas of the law. It is an area of law that may never be settled, as technology continues to evolve. This article will highlight the current status of the right to be forgotten across these jurisdictions, with what can be considered three models of data protection and privacy law. These laws have been developing separately throughout the EU, South East Asia and the Pacific.

Keywords: Right to Be Forgotten, Right to Erasure, EU, GDPR, Australia, Common Law, Singapore, Indonesia, Japan, Data Protection, Privacy South East Asia, Pacific

Suggested Citation

Zeller, Bruno and Trakman, Leon and Walters, Robert and Rosadi, Sinta Dewi, The Right to be Forgotten—The EU and Asia Pacific Experience (Australia, Indonesia, Japan and Singapore) (January 1, 2019). (2019) 1 European Human Rights Law Review 23; UNSW Law Research Paper No. 19-2. Available at SSRN: https://ssrn.com/abstract=3320860 or http://dx.doi.org/10.2139/ssrn.3320860

Bruno Zeller

University of Western Australia - Faculty of Law ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

Leon Trakman (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Robert Walters

Victoria University ( email )

Melbourne, 8001
Australia

Sinta Dewi Rosadi

Padjadjaran University - Faculty of Law ( email )

Jalan Dipati Measure No. 35
Bandung, 40132
Indonesia

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