The Right to be Forgotten in Peace Processes

Ignacio N. Cofone (ed.), The Right to be Forgotten: A Canadian and Comparative Perspective (Routledge: London, 2020) 76-102.

22 Pages Posted: 1 Sep 2020

See all articles by Ignacio Cofone

Ignacio Cofone

McGill University Faculty of Law

Catalina Turriago Betancourt

McGill University

Date Written: August 5, 2020

Abstract

We propose that the RTBF can be applied in peace processes to facilitate their objectives of reconciliation. The history and forms of the RTBF across jurisdictions, particularly in criminal law, serve as basis to develop a RTBF that is suitable to peace processes by reconciling the rights in conflict. We engage with arguments about online reputational harms to individuals focusing on how these can impede reconciliation within peace processes due to credible commitment problems. We then describe the tension between privacy, victims’ rights particular to transitional justice contexts, access to information, and expression rights. Building on the argument that the RTBF is a call to return to a state where information is not saved in systems of perfect memory that jeopardize reputation, we suggest that peace processes may benefit from considering delisting specific types of information about amnestied individuals.

Keywords: Right to be forgotten, peace processes, transitional justice, privacy, information privacy, reputation, credible commitment

Suggested Citation

Cofone, Ignacio and Turriago Betancourt, Catalina, The Right to be Forgotten in Peace Processes (August 5, 2020). Ignacio N. Cofone (ed.), The Right to be Forgotten: A Canadian and Comparative Perspective (Routledge: London, 2020) 76-102., Available at SSRN: https://ssrn.com/abstract=3667960

Ignacio Cofone (Contact Author)

McGill University Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.ignaciocofone.com

Catalina Turriago Betancourt

McGill University

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

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