2018SSRN Electronic JournalOpen access

Data Privacy in Digital World: Right to Be Forgotten

Akriti Gupta

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Abstract

The right to be forgotten alludes to the capacity of an individual to delete, constrain, delink, erase or redress personal information on the Web that’s deceiving, embarrassing, insignificant or behind the times. The European Court of Justice established the first case law on the right to be forgotten, which has rapidly evolved and has shifted beyond European Jurisdiction. The case herein was the Google Spain case in which the European court of justice highlighted this lawful right in the matter of European Union law. This has opened gates for a discussion on what the actual situation is and that is in consideration in light of freedom of speech vs. privacy. This paper majorly focuses on how right to be forgotten has been practiced in other jurisdictions and how it is approached. Various case laws have been discussed in and an establishment of whether the definition of right to be forgotten has been followed according to its true meaning and how it has been implied and interpreted in the UK and India, research work shall establish in landscape of the European union in the following of UK and India. After establishing the concept throughout the history, this paper carries out the detailed analysis of two different jurisdiction, India and UK, how the right to be forgotten establishes the different ideology and legal structure. Furthermore, the compatibility of UK and India has been established along with the decision of CJEU, Google Spain-Costeja case and other recommendations have been given.

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What this paper is about

The right to be forgotten alludes to the capacity of an individual to delete, constrain, delink, erase or redress personal information on the Web that’s deceiving, embarrassing, insignificant or behind the times. The European Court of Justice established the first case law on the right to be forgotten, which has rapidly evolved and has shifted beyond European Jurisdiction. The case herein was the Google Spain case in which the European court of justice highlighted this lawful right in the matter of European Union law. This has opened gates for a discussion on what the actual situation is and that is in consideration in light of freedom of speech vs. privacy. This paper majorly focuses on how right to be forgotten has been practiced in other jurisdictions and how it is approached. Various case laws have been discussed in and an establishment of whether the definition of right to be forgotten has been followed according to its true meaning and how it has been implied and interpreted in the UK and India, research work shall establish in landscape of the European union in the following of UK and India. After establishing the concept throughout the history, this paper carries out the detailed analysis of two different jurisdiction, India and UK, how the right to be forgotten establishes the different ideology and legal structure. Furthermore, the compatibility of UK and India has been established along with the decision of CJEU, Google Spain-Costeja case and other recommendations have been given.

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Available abstract

The right to be forgotten alludes to the capacity of an individual to delete, constrain, delink, erase or redress personal information on the Web that’s deceiving, embarrassing, insignificant or behind the times. The European Court of Justice established the first case law on the right to be forgotten, which has rapidly evolved and has shifted beyond European Jurisdiction. The case herein was the Google Spain case in which the European court of justice highlighted this lawful right in the matter of European Union law. This has opened gates for a discussion on what the actual situation is and that is in consideration in light of freedom of speech vs. privacy. This paper majorly focuses on how right to be forgotten has been practiced in other jurisdictions and how it is approached. Various case laws have been discussed in and an establishment of whether the definition of right to be forgotten has been followed according to its true meaning and how it has been implied and interpreted in the UK and India, research work shall establish in landscape of the European union in the following of UK and India. After establishing the concept throughout the history, this paper carries out the detailed analysis of two different jurisdiction, India and UK, how the right to be forgotten establishes the different ideology and legal structure. Furthermore, the compatibility of UK and India has been established along with the decision of CJEU, Google Spain-Costeja case and other recommendations have been given.

Key concepts: Right to be forgotten, Jurisdiction, Redress, European union, Right to privacy, Law, Political science, European Union law

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Data Privacy in Digital World: Right to Be Forgotten — Research Paper | ScholarLens