Speaking of forgetting: Analysis of possible non-EU responses to the right to be forgotten and speech exception

Meg Leta Ambrose

Telecommunications Policy, 2014, vol. 38, issue 8, 800-811

Abstract: The right to be forgotten is contentious partly because it highlights the difference between U.S. and E.U. prioritization of information privacy and freedom of expression. Recently, a moderate amount of research has been undertaken to explore the conceptual issues underlying the right to be forgotten and how the right conflicts with the U.S. first amendment, but little has been written about its impending implementation and interoperability issues. While this is an E.U. Data Protection Regulation proposing to grant rights only to E.U. citizens, the world has a stake in this right for a number of reasons. This article will analyze the options for non-E.U. countries and data controllers, namely the U.S., to react to the establishment of such a right, now called “The Right to Erasure”. These options are the following: (1) adopt the same right to erasure for themselves, (2) ignore right to erasure claims, (3) comply with erasure take down requests, or (4) seek to establish a modified version of the right to erasure. In assessing these options, the article will first address the reality of a right to erasure under U.S. law. Second, it will discuss compliance and jurisdictional issues if the right is ignored. Third, the article will look at the impact of full acceptance of the take-down regime, focusing on the potential chilling effects and abuse. Finally, it will propose that non-E.U. countries encourage a right to erasure that is less disruptive: a right to erasure that allows data subjects to directly request removal of data held privately by data controllers and a right to oblivion for publicly available information that is enforced similarly to defamation claims, requiring a court order.

Keywords: International privacy law; Data protection; Right to be forgotten; Expression (search for similar items in EconPapers)
Date: 2014
References: View complete reference list from CitEc
Citations: View citations in EconPapers (2)

Downloads: (external link)
http://www.sciencedirect.com/science/article/pii/S0308596114000731
Full text for ScienceDirect subscribers only

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eee:telpol:v:38:y:2014:i:8:p:800-811

Ordering information: This journal article can be ordered from
http://www.elsevier.com/wps/find/journaldescription.cws_home/30471/bibliographic
http://www.elsevier. ... /30471/bibliographic

DOI: 10.1016/j.telpol.2014.05.002

Access Statistics for this article

Telecommunications Policy is currently edited by Erik Bohlin

More articles in Telecommunications Policy from Elsevier
Bibliographic data for series maintained by Catherine Liu ().