The ʻRight to be Forgottenʼ beyond the EU: An Analysis of Wider G20 Regulatory Action and Potential Next Steps

Abstract

It has been increasingly asserted that data protection can and should enable individuals to exert a degree of control at least ex post over the online dissemination of their personal data. This paper demonstrates that, notwithstanding contrary suggestions in the literature, a concern to implement such a right to be forgotten extends well beyond the EU. Indeed, post-2014 the majority of the eight national DPAs operating in non-EU G20 jurisdictions with established data protection legislation have sought to implement this right through guidance and, in three cases, also enforcement. Whilst not as extensive as the number of countries with statutory supports for such a right, these jurisdictions span three regions and encompass jurisdictions such as Australia and Canada with a similar outlook to the EU. In light of the profoundly globalised nature of the internet, it is suggested that the EU could fruitfully promote greater transnational coordination of this issue. Whilst the G20 is itself ill-suited to this task, the pan-regional Data Protection Convention framework overseen by the Council of Europe as well as the Global Privacy Assembly could play a valuable role here.

Keywords: data protection, freedom of expression, journalism, privacy, reputation, search engines, social media