Functions and perspectives of the right to be forgotten by a search engine

In May 2014 the European Court of Justice ruled on a preliminary reference in Google Spain SL. In its decision, the Court defines search engine providers as “data controllers”, obligating them to enforce a “right to be forgotten”. In a nutshell: individuals may ask for the removal of personal data listed in the results of an internet search based on their name and surname. This paper analyses the functions and wider implications of this right to alter search engine results. As for its functions, I outline the ways in which the right to be forgotten enforces the ability to decide on the formation of one’s digital identity. I then proceed to look at the implications of the right to be forgotten in the context of the current discourse on the “European internet governance”. In this respect, I find that the effects of the right to be forgotten are wider than the boundaries of the EU and its governance, but that they at the same time depend on the capacities of national administrative systems.