Site Loader

That confluence of technologies has procreated prodigious concerns with respect to the protection of the data and information about one’s right to privacy. The Right to privacy provides individuals to regulate collection and also provides the choice and consent with respect to disclosure of personal information. Since the dawn of the digital age the online communication soon came to be recognized as the cultural change for privacy. And thus the concept of right to be forgotten gained prominence essentially as regulations on data protection.The birth of the right to oblivion, i.e., the right to forget and to be forgotten, should be understood as the right to have memories related to a particular subject and to the processes of indexing and storage, including the ability to manage and establish them in hands of third parties. The recent case from the European Union Court of Justice in 2014 is a mirror for the right to be forgotten and censorship in the different landscape of USA and European Law. The concept of right to be forgotten is not new. It can be traced back in French jurisprudence where this concept was known to as the Right to Oblivion and social forgetfulness. It has been explored in various legal contexts earlier though not explicitly named as such. Art. 12(b) of European Data Protection Directive (DPD), 1995 describes RTBF as Member States shall guarantee every data subject the right to obtain from the controller:(b) as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data.In the court case of Google Spain v. APED,  the Court of Justice for the European Union gave a very surprising decision to the global cyber law community by settling the dispute between Google, Spanish Data protection Agency and the individual who wished to delete the embargo notice published in the online daily newspaper that search engines like Google are also under an obligation in certain circumstances to remove search results that pertain to information that hinders privacy of an individual. Thus this obligation came to be known as the Right to be forgotten and was thus recognized.The new technologies are significantly giving a tougher competition both to the society at large as well as to the existing laws which undoubtedly requires a strong and an immediate response. This has sparked a new debate such as the efficaciousness in maintaining the human rights online in the ambience of conflict between the Right to privacy and the freedom of expression. And this right to be forgotten brings in a kind of an anticipated step in this rapidly changing digitalization era that has changed the path of the people in relation to the way they live in.The trait and dynamics relating to broadcasting and of existing information on the Internet has raised a global debate in strengthening the Right to be forgotten in this era. That the record of personal information of the convicted criminals available on internet needs to be deleted when the interest of restoration outweighs the interest of society in furnishing their history or their criminal records. This right is based on a broad interpretation of the ‘right to personality.’ The right to be forgotten affects the publication of the historic events but it does not affect the legality of the historic events themselves. Thus in a way this classic doctrine does not provide as to what rules should be applied on the historic events available online which are indexed by the search engines like those of Google, Twitter, Facebook and Snapchat. A balance needs to be maintained in protecting the privacy rights (Art. 8 of ECHR) and right to freedom of expression (Art. 10 of ECHR). Some scholars and business executives have opposed the recognition of a right to be forgotten, claiming it is an 

Post Author: admin


I'm Erica!

Would you like to get a custom essay? How about receiving a customized one?

Check it out