How is the Right to Be Forgotten Applied? A Detailed Guide

Exploring the Concept Behind the Right to be Forgotten

The right to be forgotten is a legal concept that allows individuals to request the removal of personal information from the internet, particularly from search engines and websites. Its origins can be traced back to the European Union’s General Data Protection Regulation (GDPR), which was implemented in 2018. This regulation aims to give individuals more control over their personal data and ensure their privacy in the digital age.

The Origins and Evolution of the Right to be Forgotten

The right to be forgotten gained prominence following a landmark case in 2014, with the European Court of Justice’s ruling in the Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos, Mario Costeja González case. Mario Costeja González wanted an auction notice of his repossessed home, which was resolved years ago, to be removed from search engine results. The court decided in favor of González, establishing that search engines should consider requests for removal of links to personal information when the data is outdated or irrelevant.

This ruling underscored how an individual’s entitlement to privacy can outweigh the public’s interest in obtaining information, and it became a pivotal moment in data protection legislation, prompting many nations around the world to reevaluate their approaches to digital privacy and the safeguarding of personal data.

Exercising the Right to be Forgotten

The implementation of the right to be forgotten largely centers on how search engines handle individual removal requests, assessing each submission when someone asks to take down a link that includes personal details. Search engines such as Google review these petitions by applying specific standards, considering whether the information is correct, how relevant it remains, and if the data holds any legitimate public interest.

Once a request is made, search engines conduct a balancing act between the individual’s right to privacy and the public’s right to information. If the request is deemed valid, the search engine removes the links from the search results, though the original content may still reside on the web. This is an essential point, as it clarifies that the right to be forgotten doesn’t delete the information at the source but makes it less accessible.

Global Perspectives on the Right to be Forgotten

The implementation and acceptance of the right to be forgotten vary globally. While the European Union robustly enforces this right through GDPR, other regions have adopted different stances.

For example, in the United States, the right to be forgotten faces challenges due to the First Amendment, which guarantees freedom of speech and press. This creates a complex legal and ethical landscape, where privacy rights must be balanced with the fundamental right to free expression.

In contrast, nations such as Argentina and South Korea have adopted comparable principles, allowing citizens to petition for the deletion of specific online information, and these distinctions highlight the diverse cultural, legal, and ethical perspectives on privacy and data governance around the world.

Case Studies and Statistics

A review of recent figures highlights how crucial the right to be forgotten has become, showing that by the end of 2019 Google had already handled more than 845,000 requests to remove URLs submitted since 2014, and about 45% of those submissions were approved, underscoring a strong and growing public desire for this protection as people grow more aware of their online presence.

High-profile cases further illustrate the right’s complexity. In 2018, the UK High Court ruled that a businessman convicted of a crime could enforce his right to be forgotten, while another was denied the same request due to the crime’s severity. These cases underline the nuanced decisions necessary in evaluating such requests.