Right to be forgotten

Definition

The right to be forgotten is a legal concept that allows individuals to request the removal of their personal information from the internet, particularly search engines and websites, under certain conditions. This right aims to give people more control over their online presence and protect their privacy, especially in cases where the information is outdated, irrelevant, or harmful. The implementation of this right intersects with discussions on algorithmic fairness and non-discrimination, as the balance between privacy rights and the public's right to know is a significant ethical consideration.

5 Must Know Facts For Your Next Test

1. The right to be forgotten gained significant attention following a 2014 ruling by the Court of Justice of the European Union (CJEU) that established this principle within the EU's General Data Protection Regulation (GDPR).
2. To exercise this right, individuals typically must demonstrate that the information in question is no longer relevant, necessary, or appropriate for processing.
3. The implementation of the right to be forgotten raises challenges for search engines and companies regarding what constitutes fair use of information and how to balance this with public interest.
4. Critics argue that the right to be forgotten could lead to censorship and undermine freedom of expression, creating tensions between privacy rights and access to information.
5. The effectiveness of the right varies across jurisdictions; while it's well established in Europe, its acceptance and application are still debated in other regions like North America.

Review Questions

• How does the right to be forgotten relate to individuals' control over their digital identities?
  • The right to be forgotten empowers individuals by allowing them to manage their digital identities more effectively. It gives people the ability to request the removal of outdated or irrelevant information from search results, which helps them maintain a positive online presence. This control is crucial as it directly impacts how others perceive them based on their digital footprint, reinforcing the importance of personal agency in an increasingly interconnected world.
• In what ways does implementing the right to be forgotten challenge algorithmic fairness and non-discrimination?
  • Implementing the right to be forgotten can complicate efforts towards algorithmic fairness as it requires search engines and platforms to create systems that fairly assess requests for removal. This involves determining which content is deemed harmful or irrelevant while ensuring that legitimate information remains accessible. Consequently, there's a risk of bias in decision-making processes if some requests are prioritized over others, which could lead to discrimination against specific groups or individuals.
• Evaluate the implications of the right to be forgotten on freedom of expression versus individual privacy rights in different legal contexts.
  • The right to be forgotten raises important questions about balancing freedom of expression with privacy rights. In jurisdictions like Europe where this right is recognized, it often leads to conflicts between individuals seeking privacy and those advocating for open access to information. Conversely, in regions such as North America where this concept is less established, freedom of expression may take precedence over privacy concerns. The evaluation of these implications requires careful consideration of cultural values, legal frameworks, and societal norms surrounding both privacy and expression.

Related terms

Data Privacy: The area of law and policy concerned with the protection of personal information collected by organizations and how that information is used.

Digital Footprint: The unique trail of data that individuals leave behind when they use the internet, including social media activity, website visits, and online purchases.

Information Overload: A state in which an individual is exposed to more information than they can process, which can lead to difficulty in making decisions or understanding critical issues.