Explanation of the right to be forgot

Technological development and the intensive use of the Internet in all area of life led to a large amount of data being store on the Internet and there being more and more connection option. Internet user leave numerous traces on the Internet in blogs, social networks and many other applications. The right to be forgotten gdpr on the Internet describes the possibility of determining one’s own digital trace and one’s own online life (private or public). In view of the ever more powerful search and analysis programs, forgetting – in the sense of
complete and permanent deletion – often becomes illusory.

What is the “right to be forgot”?

The “right to be forgot” is not a new concept. It is already include in various legal provision. For example, the law sets a deadline for the deletion of criminal records from criminal records and most public records.

The limitation of the data process time is a specific application of the principle of proportionality. Which is also anchor in the Federal Data Protection Act (FADP). The principle of proportionality and expediency require that the data are not process longer than necessary. The right to be forgot also apply to the revocation of consent once give and the right to object. In practice, the data is either delete or made anonymous.

The right to privacy is not a fundamental one. In individual cases, other interest may also play a role. Then it must be careful weigh up which good weigh more the protection. Of privacy (right to be forgot) or the interest in data process.  Thus the publication of a text on the Internet is caught between the conflicting priority. Of freedom of expression and the duty to inform and remember. The balancing of interests distinguishes on a case-by-case basis whether the violation of the personal rights. Of the person affected by the data processing or publication is justified by a higher interest or not.

Unless the right and obligation associate with the right to be forgot are enshrine. In law practical implementation remain difficult and often ignore. Because the data subject has no control over their personal data. They cannot delete it themselves, but often have to go through lengthy and cumbersome procedures to enforce their rights.

In the era of the internet, the right to be forgot

The new technology place the right to be forgot in a new, constantly changing context. The right help with right to be forgotten can be understood as the possibility. To determine one’s own digital trace and one’s own online life (private or public).

Internet users leave numerous trace on the Internet in blog social media discussion platform and forum. Comment text photo video and other document are publish and thus made available to an indefinite number of people. Around the world at practically the same time. But even when surfing the web, Internet users unintentionally leave traces (IP addresses, cookies, queries in search engines, etc.). This content can also be publish without the consent of the persons. Concern or even without their knowledge – in most case without malicious intent.

Although it is mainly private individual who put personal data online. The state also makes its contribution e.g. B. through the data that are publish in the commercial register). Huge amounts of data are store online and made accessible to the general public.

Publish data on the Internet has numerous benefits, but also pose many risk. In real life, human memory is limit; the internet, on the other hand, never forget. In the virtual world of the Internet data is not only. Accessible to an unlimit number of people around the world. Practically instantaneously, it also persist: once the data is on the Internet, it can hardly be remove completely and permanent. Copy by third part and link by search engine they are structure according to a logic. That is unknowable for both the individual concern and those who publish them.

The global flood of data, technological developments (e.g. facial recognition systems geolocation digitization). And the way search engines work are exacerbating the loss of control over one’s own data. We are not always aware of how our data is use today and in the future. Or even how it can be link to one another. Increasingly powerful search engines and analysis tools with almost unlimited storage capacities (“Big Data”). Mean that forgetting in the sense of complete and final deletion often becomes illusory gdpr case studies.

About Post Author

Roy Reyna

Roy Reyna is a congressional reporter for Pluralist. He covers the U.S. Congress and its members, focusing on the House of Representatives. Prior to joining Pluralist, he worked as a reporter for National Journal and The Hill, covering Congress and politics. Reyna has a background in political science and has written extensively on the inner workings of Congress, as well as the political and policy issues that drive it. He is based in Washington, D.C.

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