The Right to Be Forgotten: Definition and Application

Understanding the Right to be Forgotten

The right to be forgotten refers to a legal principle that enables individuals to ask for their personal information to be removed from the internet, especially from websites and search engines, and it stems from the European Union’s General Data Protection Regulation (GDPR), enacted in 2018, which was designed to strengthen personal data oversight and reinforce privacy protections in the modern digital landscape.

The Genesis of the Right to be Forgotten

The right to be forgotten emerged as a major issue after a pivotal 2014 decision by the European Court of Justice in the Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos, Mario Costeja González case, in which Mario Costeja González asked for an old auction notice about his previously repossessed home to be taken out of search engine listings; the court sided with González and held that search engines are required to assess requests to remove links to personal details when such data is no longer relevant or has become outdated.

This decision highlighted the importance of an individual’s right to privacy over the public’s right to access information. It marked a crucial development in data protection laws, influencing several countries worldwide to reconsider their policies on digital privacy and data protection.

Applying the Right to be Forgotten

The application of the right to be forgotten primarily revolves around search engines processing individual requests. When a person submits a request to remove a link containing personal information, search engines like Google evaluate the request based on specific criteria. These include the accuracy of the information, its relevance, and whether the data is of public interest.

Once a request is made, search engines conduct a balancing act between the individual’s right to privacy and the public’s right to information. If the request is deemed valid, the search engine removes the links from the search results, though the original content may still reside on the web. This is an essential point, as it clarifies that the right to be forgotten doesn’t delete the information at the source but makes it less accessible.

Worldwide Views on the Right to Be Forgotten

The implementation and acceptance of the right to be forgotten vary globally. While the European Union robustly enforces this right through GDPR, other regions have adopted different stances.

For example, in the United States, the right to be forgotten faces challenges due to the First Amendment, which guarantees freedom of speech and press. This creates a complex legal and ethical landscape, where privacy rights must be balanced with the fundamental right to free expression.

In contrast, some countries like Argentina and South Korea have embraced similar principles, empowering citizens to request the removal of certain online data. These differences reflect varying cultural, legal, and ethical approaches to privacy and data management worldwide.

Case Analyses and Statistical Data

A review of recent figures highlights how crucial the right to be forgotten has become, showing that by the end of 2019 Google had already handled more than 845,000 requests to remove URLs submitted since 2014, and about 45% of those submissions were approved, underscoring a strong and growing public desire for this protection as people grow more aware of their online presence.

High-profile cases further illustrate the right’s complexity. In 2018, the UK High Court ruled that a businessman convicted of a crime could enforce his right to be forgotten, while another was denied the same request due to the crime’s severity. These cases underline the nuanced decisions necessary in evaluating such requests.