The “Right to Be Forgotten” in European Union Law

Youm, Kyu Ho; Park, Ahran

doi:10.1177/1077699016628824

Cited by 17 publications

(14 citation statements)

References 9 publications

(8 reference statements)

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“…In the past decades, corporations in the US have found ways to work around the issue of data privacy through self-regulatory measures such as corporate privacy policies and terms of service; in Europe, privacy has been traditionally protected by the State (Drezner, 2004;Fernback & Papacharissi, 2007;Youm & Park, 2016). As the GDPR of the EU enforced in 2018 applies to any organizations holding personal data on EU citizens, however, companies with a transnational consumer base started to take data privacy more seriously, in preparation for compliance with the new EU law.…”

Section: Governance Of Data Privacymentioning

confidence: 99%

“…Facebook encountered a huge backlash as a result of the scandal, and Mark Zukerberg, CEO of Facebook, testified on Facebook's data protection protocol at a Senate hearing in April 2018. Digital platforms including Facebook have made important decisions on the collection and flow of personal data, earning enormous profits with ad-based business models and sharing user information with third parties, yet there is no clear legal protection that regulates the private sector's unwarranted data practices in the US With growing public concerns, protection of data privacy has emerged as one of the most pressing issues in regards to the governance of digital space (Minkkinen, 2019;Youm & Park, 2016). The European Union (EU) replaced its 1995 Data Protection Directive with the General Data Protection Regulation (GDPR) in May 2018.…”

Section: Introductionmentioning

confidence: 99%

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Data privacy and political distrust: corporate ‘pro liars,’ ‘gridlocked Congress,’ and the Twitter issue public around the US privacy legislation

Baik

2020

Information, Communication & Society

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This study explores how emerging US data privacy regulations are discussed at state and federal levels, examining Twitter discourse around Senate public hearings on data privacy and public forums on the California Consumer Privacy Act (CCPA). The recent legal steps reflect growing public outcry over corporate data misuses and lack of appropriate legislation. The findings suggest that the issue public of Twitter users in this study largely considered corporations and the government as untrustworthy actors for privacy legislation. The political distrust was raising doubts over regulatory capture and if a future US federal privacy law will be weaker than state laws (e.g., CCPA) while overriding them. The study explores implications of the findings on the current deadlock over the state preemption clause in developing a comprehensive federal privacy law. I argue that the emerging regulatory efforts on data privacy may not be effective unless the public trust in institutions is regained in the US and that the continuing absence of a federal law amid the political distrust can leave people with limited individual privacy strategies as a result.

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Section: Governance Of Data Privacymentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Data privacy and political distrust: corporate ‘pro liars,’ ‘gridlocked Congress,’ and the Twitter issue public around the US privacy legislation

Baik

2020

Information, Communication & Society

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“…At least six articles published in 2016 could be considered squarely within mass communication law and policy. Three articles used structural approaches and discussed theory or values (Camaj, 2016;Ginosar & Krispil, 2016;Youm & Park, 2016), whereas two other articles used doctrinal approaches and at least mentioned theory or values (Bunker & Calvert, 2016;Stewart & Littau, 2016). A sixth article used a nonlegal research method but nonetheless made a significant contribution to understanding the chilling effect related to one's perception of being subject to online government surveillance (Stoycheff, 2016).…”

Section: Mass Communication Law Values In Quarterly Since 1992mentioning

confidence: 99%

“…One fruitful area for exploring free-speech values involves foreign, international, and comparative law. Whereas just three international-structural articles with discussion of theory (Burrowes, 1997;Najjar, 1998;Perkins, 2001) appeared in Journalism & Mass Communication Quarterly from 1993 to 2002, and none from 2003 to 2015, three international-structural or foreign-structural articles appeared in the year 2016 (Camaj, 2016;Ginosar & Krispil, 2016;Youm & Park, 2016). The future of mass communication law and policy scholarship's analysis of values and theory is likely to involve international, foreign, and comparative law.…”

Section: The Value and Challenges Of Mass Communication Law Valuesmentioning

confidence: 99%

Mass Communication Law and Policy Research and the Values of Free Expression

Carter

2017

Journalism & Mass Communication Quarterly

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Mass communication law and policy research, including on values and theory of freedom of expression, has played an important role in Journalism & Mass Communication Quarterly for decades. Mass communication law research in Quarterly reached a high point with a special issue on the First Amendment in 1992 and numerous articles in the decade that followed. A relationship is explored between First Amendment theory and structural archetypes of constitutional argument. Future research could focus on international law and contemporary challenges involving technology, surveillance and changes in democratic citizenship.

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“…All of those tensions are evident in debates about memory and forgetting. Such tensions surface, for example, in the complicated balance between memory and the news that has always been part of news-making, and particularly in relation to the so-called right to be forgotten, (Brock, 2016;Jones, 2016;Youm & Park, 2016;Tirosh, 2017;Moreno, 2019).…”

Section: Introductionmentioning

confidence: 99%

The Limits of Memory and the News: Archival Journalism, Law, Ethics, and the Right to be Forgotten

Presuel¹,

Atala

2022

RCom

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The right to be forgotten has been widely discussed from a legal perspective. Courts have analyzed the existence and constitutional compatibility of the right in the national legal order of several jurisdictions around the world. However, even if the right to be forgotten is not a universally recognized right, by understanding how the law approaches tensions that arise between the right to freedom of expression and the rights to seek, impart and receive information, on one hand, and a right to be forgotten, underpinned by the rights to honor, privacy and personal data protection on the other, journalists can extract ethical guidelines that can orient them in the correct use of archival information about individuals to report on current events. This work begins by explaining how legal debates can help inform ethical discussions about journalism. Then, by exploring the legal development and justifications for the right to be forgotten and identifying key elements of this emerging right, we engage in a discussion around the use of archives and memory in journalism and then identify the elements that journalists should consider in relation to the use of archival information in their profession in a way that allows them to fulfill their journalistic duties without ignoring the legal context.

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The “Right to Be Forgotten” in European Union Law

Abstract: Given global concern over the increasing conflict between “informational privacy” and protection of online communication, this article examines the post– Google Spain impact on the right to be forgotten in the European Union and its worldwide impact.

Cited by 17 publications

References 9 publications

Data privacy and political distrust: corporate ‘pro liars,’ ‘gridlocked Congress,’ and the Twitter issue public around the US privacy legislation

Data privacy and political distrust: corporate ‘pro liars,’ ‘gridlocked Congress,’ and the Twitter issue public around the US privacy legislation

Mass Communication Law and Policy Research and the Values of Free Expression

The Limits of Memory and the News: Archival Journalism, Law, Ethics, and the Right to be Forgotten

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