What is the Right to be Forgotten?
The Right to be Forgotten, also known as the Right to Erasure, is a legal concept that allows individuals to request the removal of their personal information from the internet. This right was first recognized by the European Court of Justice in 2014 in the case of Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González. The court ruled that individuals have the right to request search engines to delist outdated or irrelevant information about themselves.
How does the Right to be Forgotten work?
Individuals can submit a request to search engines, such as Google, Bing, or Yahoo, to remove links to web pages that contain their personal information. The search engine then evaluates the request based on certain criteria, such as the relevance of the information, the public interest in the information, and the individual’s right to privacy. If the search engine determines that the information is outdated, irrelevant, or infringes on the individual’s privacy rights, it may delist the links from its search results.
What are the implications of the Right to be Forgotten on media and journalism?
The Right to be Forgotten has raised concerns among media and journalism organizations about censorship and the freedom of the press. Critics argue that the right could be used to suppress legitimate news stories and restrict access to information that is in the public interest. Journalists may also face challenges in reporting on certain topics if individuals can request the removal of articles or reports that mention them.
How does the Right to be Forgotten impact freedom of speech and expression?
The Right to be Forgotten has sparked debates about the balance between an individual’s right to privacy and the public’s right to access information. Some argue that the right is necessary to protect individuals from the negative consequences of having their personal information available online indefinitely. Others believe that the right could be used to suppress dissenting opinions and limit freedom of speech and expression.
What are the limitations of the Right to be Forgotten?
The Right to be Forgotten is not absolute and is subject to certain limitations. For example, search engines are not required to remove information that is deemed to be in the public interest, such as information about public figures or criminal convictions. Additionally, the right only applies to search results in the European Union, so individuals may still be able to access the information through search engines outside of the EU.
How is the Right to be Forgotten enforced and regulated?
The Right to be Forgotten is enforced through data protection authorities in the European Union, such as the Information Commissioner’s Office in the UK or the CNIL in France. These authorities have the power to investigate complaints from individuals and issue fines to search engines that fail to comply with the right. In 2018, the EU implemented the General Data Protection Regulation (GDPR), which strengthened the right and expanded its scope to include all search engines operating in the EU.