The right to be forgotten: its potential role in a coherent privacy regime
The right to be forgotten: its potential role in a coherent privacy regime
This paper examines the recent Google Spain ruling establishing a right to de-indexing based on existing rights to data protection. This ruling has had a divisive effect on the relations between the EU and the US, but this article argues that we should understand the right to de-indexing in the context of: (i) moves to improve communication with data subjects and support subjects’ autonomy, particularly within the notice and consent regime; (ii) understanding the role of obscurity of information, and undermining the current binary assumption that information is either public or not; and (iii) moves to improve the quality of search engines’ output. If we do this, then the right to be de-indexed (and possibly other types of ‘right to be forgotten’) could become a point of contact between the EU and US privacy regimes, not a point of conflict.
right to be forgotten, google spain, data protection, privacy, jurisdiction, consent, harm, data quality, google, search, obscurity, transparency, accountability
178-189
O'Hara, Kieron
0a64a4b1-efb5-45d1-a4c2-77783f18f0c4
Shadbolt, Nigel
bc8cf1a1-3376-48bd-8971-8b54989b0dcd
2015
O'Hara, Kieron
0a64a4b1-efb5-45d1-a4c2-77783f18f0c4
Shadbolt, Nigel
bc8cf1a1-3376-48bd-8971-8b54989b0dcd
O'Hara, Kieron and Shadbolt, Nigel
(2015)
The right to be forgotten: its potential role in a coherent privacy regime.
European Data Protection Law Review, 1 (3), .
(doi:10.21552/EDPL/2015/3/5).
Abstract
This paper examines the recent Google Spain ruling establishing a right to de-indexing based on existing rights to data protection. This ruling has had a divisive effect on the relations between the EU and the US, but this article argues that we should understand the right to de-indexing in the context of: (i) moves to improve communication with data subjects and support subjects’ autonomy, particularly within the notice and consent regime; (ii) understanding the role of obscurity of information, and undermining the current binary assumption that information is either public or not; and (iii) moves to improve the quality of search engines’ output. If we do this, then the right to be de-indexed (and possibly other types of ‘right to be forgotten’) could become a point of contact between the EU and US privacy regimes, not a point of conflict.
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Accepted/In Press date: November 2015
e-pub ahead of print date: 2015
Published date: 2015
Keywords:
right to be forgotten, google spain, data protection, privacy, jurisdiction, consent, harm, data quality, google, search, obscurity, transparency, accountability
Organisations:
Web & Internet Science
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Local EPrints ID: 385033
URI: http://eprints.soton.ac.uk/id/eprint/385033
PURE UUID: e2f1709e-e114-40f9-ae5d-faa3e4fae97a
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Date deposited: 15 Jan 2016 09:36
Last modified: 15 Mar 2024 03:09
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Author:
Nigel Shadbolt
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