Oblivion, Erasure and Forgetting in the Digital Age
Type
journal article
Date Issued
2014
Author(s)
Abstract (De)
In light of the recent European
Court of Justice ruling (ECJ C-131/12, Google Spain
v. Spanish Data Protection Agency), the “right to be
forgotten” has once again gained worldwide media
attention. Already in 2012, when the European
Commission proposed a right to be forgotten, this
proposal received broad public interest and was
debated intensively. Under certain conditions,
individuals should thereby be able to delete personal
data concerning them. More recently – in light of
the European Parliament’s approval of the LIBE
Committee’s amendments on March 14, 2014 – the
concept seems to be close to its final form. Although
it remains, for the most part, unchanged from the
previously circulated drafts, it has been re-labelled as
a “right of erasure”. This article argues that, despite
its catchy terminology, the right to be forgotten can
be understood as a generic term, bringing together
existing legal provisions: the substantial right of
oblivion and the rather procedural right to erasure
derived from data protection. Hereinafter, the article
presents an analysis of selected national legal
frameworks and corresponding case law, accounting
for data protection, privacy, and general tort law as
well as defamation law. This comparative analysis
grasps the practical challenges which the attempt
to strengthen individual control and informational
self-determination faces. Consequently, it is argued
that narrowing the focus on the data protection
law amendments neglects the elaborate balancing
of conflicting interests in European legal tradition.
It is shown that the attempt to implement oblivion,
erasure and forgetting in the digital age is a complex
undertaking.
Court of Justice ruling (ECJ C-131/12, Google Spain
v. Spanish Data Protection Agency), the “right to be
forgotten” has once again gained worldwide media
attention. Already in 2012, when the European
Commission proposed a right to be forgotten, this
proposal received broad public interest and was
debated intensively. Under certain conditions,
individuals should thereby be able to delete personal
data concerning them. More recently – in light of
the European Parliament’s approval of the LIBE
Committee’s amendments on March 14, 2014 – the
concept seems to be close to its final form. Although
it remains, for the most part, unchanged from the
previously circulated drafts, it has been re-labelled as
a “right of erasure”. This article argues that, despite
its catchy terminology, the right to be forgotten can
be understood as a generic term, bringing together
existing legal provisions: the substantial right of
oblivion and the rather procedural right to erasure
derived from data protection. Hereinafter, the article
presents an analysis of selected national legal
frameworks and corresponding case law, accounting
for data protection, privacy, and general tort law as
well as defamation law. This comparative analysis
grasps the practical challenges which the attempt
to strengthen individual control and informational
self-determination faces. Consequently, it is argued
that narrowing the focus on the data protection
law amendments neglects the elaborate balancing
of conflicting interests in European legal tradition.
It is shown that the attempt to implement oblivion,
erasure and forgetting in the digital age is a complex
undertaking.
Language
English
HSG Classification
contribution to scientific community
Refereed
Yes
Publisher
JIPITEC
Subject(s)
Division(s)
Eprints ID
262224
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