The Right to be Forgotten in Peace Processes

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