What’s ailing the right to be forgotten (and some thoughts on how to fix it)

You may also like...

5 Responses

  1. Brett Bellmore says:

    What’s ailing it is that the whole idea is illegitimate. A right that OTHER people forget what they know about you, and destroy any records they have on you? Absurd.

    • Joe says:

      Absurd it might be but as applied here it is not about erasing people’s minds or having them destroy records as a general matter. It involves search engines == “no longer be linked to his name by a list of results displayed following a search made on the basis of his name” to quote the ruling. This would not involve trying to delete any record of the person online, necessarily, and if so, is both rather absurd and very impractical. The ruling also doesn’t make even the right as applied absolute, providing exception. When every intimate matter can be viewed by the world by the touch of the button, certain that would truly be seen as absurd not that long ago, some desire to limit such access does not seem totally absurd to me. Though under U.S. law, it would as applied to public data seem patently unconstitutional if mandatory.

  2. Frank says:

    Excellent post. I believe institutional precedents in the US suggest a model for RtbF; see the discussion of BBB and FTC here:
    https://www.law.northwestern.edu/lawreview/v104/n1/105/LR104n1Pasquale.pdf

  3. Frank says:

    Excellent post! I believe institutional precedents in the US suggest a model for RtbF; see the discussion of BBB and FTC here:
    https://www.law.northwestern.edu/lawreview/v104/n1/105/LR104n1Pasquale.pdf