The Right to Be Forgotten in the European Union and Russia: Comparison and Criticism

Ruslan Nurullaev ()
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Ruslan Nurullaev: National Research University Higher School of Economics

HSE Working papers from National Research University Higher School of Economics

Abstract: On 14 July, 2015 the Russian President signed Law No. 264-FZ which grants Russian citizens the right to request the delisting of search results which link to inaccurate or irrelevant information about them (“the right to be forgotten”).This paper discusses the decision of the Court of Justice of the EU in Google Spain v. Agencia Espanola de Proteccion de Datos (AEPD) and Mario Costeja Gonzalez, the case which inspired Law No. 264-FZ, and compares implementation of the right to be forgotten in the EU and Russia. It is found that the Russian law was created as a sui generis right, and fails to account for the right of the general public to find and access information online. Other discrepancies include a wider scope of the right to be forgotten, rigid requirements for processing removal requests and the prohibition to disclose any information about such requests.

Keywords: Costeja; European Union; Google Spain; information intermediaries; internet; internet service provider liability; internet service providers; personal data; the right to be forgotten. (search for similar items in EconPapers)
JEL-codes: K39 (search for similar items in EconPapers)
Pages: 20 pages
Date: 2015
New Economics Papers: this item is included in nep-cis and nep-law
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Published in WP BRP Series: Law / LAW, October 2015, pages 1-20

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:54/law/2015

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