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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
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
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), 178-189. (doi:10.21552/EDPL/2015/3/5).

Record type: Article

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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More information

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

Identifiers

Local EPrints ID: 385033
URI: http://eprints.soton.ac.uk/id/eprint/385033
PURE UUID: e2f1709e-e114-40f9-ae5d-faa3e4fae97a
ORCID for Kieron O'Hara: ORCID iD orcid.org/0000-0002-9051-4456

Catalogue record

Date deposited: 15 Jan 2016 09:36
Last modified: 15 Apr 2020 00:27

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Contributors

Author: Kieron O'Hara ORCID iD
Author: Nigel Shadbolt

University divisions

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