S4 Homework – Privacy

Katherine

Look up the right to be forgotten law in the EU (European Union) and tell me why you think it
is a good or a bad idea an if it should be implemented here in the United States.

A person's "Right to be Forgotten" in the EU is outlined by the General Data Protection

Regulation (GDPR) allowing people to have certain personal data deleted in certain situations,

such as when it is no longer needed for the intended purpose, if they withdraw their consent, or if

the data was processed illegally. This is especially important because, according to GDPR.eu

(n.d.) and Wikipedia contributors (n.d.), the right does not supersede other important rights and

societal interests, such as freedom of expression and public health.

I believe that the "Right to be Forgotten" is beneficial because it gives individuals control

over their personal information online, respecting the dynamic nature of consent and the

changing contexts of personal data management. Translating this law to the US framework

would be complicated, given the staunch protection of free speech and the public's right to

information, and would demand a sophisticated and possibly unique way to reconcile with US

constitutional and cultural values (Gajda, n.d.).

Research by the Pew Research Center indicates a majority of Americans are in favor of

the ability to remove certain personal information from online searches, signaling a societal

preference for personal privacy. Despite this inclination, the U.S. has not enacted any federal

laws akin to the "Right to be Forgotten," largely because of the robust free speech protections

under the First Amendment (Auxier, 2020).

In the United States, the "Right to be Forgotten" may collide with the First Amendment's

emphasis on transparency and free expression. Furthermore, the possibility of executing such a
rule globally is complicated by the internet's borderless nature and the lack of a common

framework for online data protection.

To improve internet privacy, a tailored strategy, such as creating particular legislation

that meet the complexities of internet privacy while protecting freedom of expression, may be

more effective. This strategy could include updating existing privacy regulations, enhancing

transparency in data processing, and giving individuals more direct control over their data, which

does not always result in its erasure. Such a strategy should also push businesses to adopt

privacy-conscious practices and provide thorough education for individuals on how to manage

their digital presence.

REFERENCES

GDPR.eu. (n.d.). Everything you need to know about the "Right to be forgotten". Retrieved

February 9, 2024, from https://gdpr.eu/right-to-be-forgotten/

Wikipedia contributors. (n.d.). Right to be forgotten. In Wikipedia. Retrieved February 9, 2024,

from https://en.wikipedia.org/wiki/Right_to_be_forgotten

Gajda, A. (n.d.). Privacy, Press, and the Right to Be Forgotten in the United States. Washington

Law Review, 93(1). Retrieved from https://digitalcommons.law.uw.edu/wlr/vol93/iss1/5/

Auxier, B. (2020, January 27). Most Americans support right to have some personal info

removed from online searches. Pew Research Center. Retrieved from

https://www.pewresearch.org/short-reads/2020/01/27/most-americans-support-right-to-

have-some-personal-info-removed-from-online-searches/