The Right to Be Forgotten: Implications of Emerging Trend

Introduction

Currently the increase in technological innovation has resulted in the continuous expansion of  digital footprints. The right to be forgotten (a.k.a the right to delete) emerged as a vital component of data protection laws, as it empowered individuals to control their online presence by requesting the removal or deletion of personal information from search engine results or other online platforms. As we look ahead, it is essential to examine the emerging trends and implications surrounding the future of the right to be forgotten.

The Right to be Forgotten

The right to be forgotten is a concept that grants individuals the power to request the removal or deletion of their personal information from search engine results, online platforms, or other digital sources. It is rooted in the belief that individuals should have control over their own personal data and the ability to manage their online presence. Under this right, it is essential to provide a legal mechanism for individuals to exercise control over their personal information.

Exceptions

While the right to be forgotten grants individuals control over their personal information, it is important to note that the right to be forgotten is not absolute and is subject to limitations and exceptions. Understanding these exceptions is essential for a comprehensive understanding of the right to be forgotten. Here are some common exceptions under the GDPR:

1. Freedom of Expression: The right to be forgotten must be balanced against the right to freedom of expression. Information that is deemed to be of public interest, journalistic content, or expressive opinions may be exempt from removal.
2. Legal Obligations and Compliance: There are situations where legal obligations override the right to be forgotten. For example, if a law requires the retention or disclosure of certain information, the right to be forgotten may not apply. Compliance with legal obligations, such as record-keeping requirements or obligations related to law enforcement or national security, may restrict the exercise of the right to be forgotten.
3. Archiving and Historical Research: Information that serves historical, statistical, or scientific purposes may be exempt from removal. Archiving institutions, libraries, and organizations engaged in historical research or preservation may be allowed to retain and display certain information for legitimate purposes. This exception ensures the integrity of historical records and the ability to access information for research and reference.
4. Public Interest: The public interest can override the right to be forgotten in certain cases. Information that is relevant for public safety, public health, or the prevention or detection of crime may be exempt from removal. Determining the public interest requires careful consideration of the potential harm caused by removing the information and the societal benefits of its retention.
5. Legal Proceedings and Defense of Legal Claims: Information that is necessary for ongoing legal proceedings or the establishment, exercise, or defense of legal claims may be exempt from removal. This exception ensures that parties involved in legal matters have access to relevant information for a fair legal process.

The Implication of Emerging Trends on the Right to be Forgotten

As we look to the future, it is crucial to examine the emerging trends and implications surrounding the right to be forgotten.

Technological Advancements and Implementation

Technological advancements will play a significant role in shaping the future of the right to be forgotten. With the rise of artificial intelligence, machine learning, and big data analytics, implementing effective mechanisms for forgetting personal information becomes more challenging. Developing innovative solutions that strike a balance between privacy rights and technological advancements will be crucial in the years to come.

Balancing Privacy and Freedom of Expression

The right to be forgotten has raised debates around the delicate balance between privacy rights and freedom of expression. The future will likely see ongoing discussions and legal deliberations on finding the right equilibrium. Courts and policymakers will grapple with determining the scope and limitations of the right to be forgotten to ensure that it does not unduly infringe upon the public’s right to access information or impede journalistic freedom.

Ethical Considerations and Public Interest

As the right to be forgotten evolves, ethical considerations and the public interest will come into focus. Striking the right balance between an individual’s right to privacy and the broader societal interests may require careful deliberation. Determining when and under what circumstances information can be forgotten will require nuanced discussions and ethical frameworks to prevent misuse or abuse of the right.

Evolution of Online Reputation Management

The future of the right to be forgotten will also impact the field of online reputation management. Individuals and businesses may increasingly seek professional assistance to manage their online presence, ensuring compliance with the right to be forgotten. This will drive the growth of specialized services and tools designed to help individuals navigate their digital footprints effectively.

Conclusion

The future of the right to be forgotten holds great significance in an increasingly interconnected and data-driven world. By embracing these emerging trends and addressing the implications, we can navigate the future of the right to be forgotten while safeguarding individuals’ privacy rights and preserving the openness of the digital world.