Right to be forgotten

Definition

The right to be forgotten refers to an individual's ability to request the removal of their personal data from the internet, particularly search engines and websites, under certain conditions. This concept is closely tied to data protection laws and regulations that aim to give individuals more control over their personal information, ensuring that outdated or irrelevant data can be erased to protect privacy.

5 Must Know Facts For Your Next Test

1. The right to be forgotten was formally recognized in the EU's Court of Justice ruling in 2014, which established that individuals could request the removal of links to outdated or irrelevant personal information.
2. This right is not absolute; it must be balanced against the public interest in accessing information, freedom of expression, and other rights.
3. Organizations are required to comply with removal requests when the information is no longer relevant, unlawfully processed, or if the individual withdraws consent.
4. Search engines like Google have implemented procedures for users to submit requests for delisting specific URLs from search results under this right.
5. The right to be forgotten has raised discussions about censorship, privacy, and the challenges of implementing such a right in a global context.

Review Questions

• How does the right to be forgotten empower individuals regarding their personal data?
  • The right to be forgotten empowers individuals by granting them the ability to request the deletion of their personal information from online sources. This means that if certain data is outdated or no longer relevant, individuals can ask for it to be removed from search engines or websites. This right enhances personal privacy and control over one's digital footprint, allowing individuals to shape how they are represented online.
• What are some challenges organizations face when implementing the right to be forgotten in compliance with data protection regulations?
  • Organizations face several challenges when implementing the right to be forgotten. They must navigate complex legal frameworks, ensuring they correctly assess whether a removal request is valid based on factors like relevance and public interest. Additionally, organizations need clear procedures for evaluating and processing these requests while maintaining compliance with other regulations. Balancing user privacy with freedom of expression and access to information further complicates implementation.
• Evaluate the implications of the right to be forgotten on freedom of expression and information access in a digital society.
  • The right to be forgotten has significant implications for freedom of expression and access to information. On one hand, it protects individuals from having harmful or irrelevant information permanently accessible online, promoting privacy and dignity. On the other hand, it raises concerns about potential censorship and the suppression of historical or factual content that might be relevant to public discourse. Evaluating these implications requires careful consideration of how privacy rights can coexist with the societal need for transparency and accountability in an increasingly digital world.

Related terms

GDPR:

The General Data Protection Regulation is a comprehensive data protection law in the European Union that grants individuals rights over their personal data and sets guidelines for its collection and processing.

Data subject: A data subject is an individual whose personal data is collected, stored, or processed by an organization, and who has specific rights concerning that data under data protection laws.

Personal data: Personal data refers to any information that relates to an identified or identifiable individual, such as names, email addresses, or identification numbers.