At First Light

McGoldrick, Michael; Sherry, John Mc

doi:10.2307/25574286

Cited by 1 publication

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“…133 On the other hand, and as McGoldrick has noted, the idea of 'reasonable expectation' is 'fundamental to the evolving scope of the right to privacy' under EU (as well as US) law. 134 If it can be said thatat least in certain circumstances -a person has a reasonable expectation of privacy in respect of information, even information in the public domain, on account of its age and currency, or relevancy to the data subject in the here and now, then we can be more confident in saying that the right to be forgotten is an aspect of the broader right of privacy. Because the ECJ did not consider these issues in any detail in Google, the case is of little assistance in determining whether the right to be forgotten is an aspect of the broader right to privacy.…”

Section: The Status Of the Right To Be Forgotten Following Googlementioning

confidence: 99%

The curious case of the right to be forgotten

Bunn

2015

Computer Law & Security Review

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This paper considers the so-called 'right to be forgotten', in the context of the 2014 decision of the European Court of Justice (ECJ) in the case of Google Spain SL, Google Inc. v Agencia Española de Protección de Datos (AEPD), Mario Costeja González. It also considers the 'right of erasure' contained in the current EU Data Protection Directive, as well as the proposal for a new right of erasure to be included in the new EU data protection framework. The paper proposes a particular way of understanding the right to be forgotten and suggests a broad definition of it. It examines claims that the ECJ's decision in Google 'invented' a right to be forgotten. It also considers whether individuals have a right to be forgotten under the current EU Directive, and whether they will have such a right when the new data protection regulation becomes law. More generally, the paper considers whether a right to be forgotten has been recognised as an aspect of a broader right to privacy, and whether the Google decision moves us closer to an understanding of privacy as the right to an appropriate flow of information, in line with Nissenbaum's framework of contextual integrity.

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Section: The Status Of the Right To Be Forgotten Following Googlementioning

confidence: 99%

The curious case of the right to be forgotten

Bunn

2015

Computer Law & Security Review

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At First Light

Cited by 1 publication

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The curious case of the right to be forgotten

The curious case of the right to be forgotten

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