The Right to be Forgotten: Legal and Ethical Considerations Analysis

This essay provides a coherent argument on the right to be forgotten, a concept gaining prominence in modern cyber technology. It explores the legal and ethical dimensions of this right, particularly in the context of data privacy and online content. The essay discusses the conflict between the right to be forgotten and freedom of speech, referencing legal precedents like the Google Spain SL case. It examines how various countries and the European Union address this right, emphasizing its importance in protecting personal data and privacy against commercial interests. The author highlights the evolving nature of privacy and the need for legal protections to ensure individuals can control their online presence. The essay also explores the role of cyber laws, including GDPR, in safeguarding personal information and emphasizes the importance of the right to be forgotten in protecting individual rights.

Running head: THE RIGHT TO BE FORGOTTEN
Coherent Argument on Right to be forgotten
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Author note

1THE RIGHT TO BE FORGOTTEN
The right to be forgotten is a part of the modern cyber technology and it becomes
an important topic in many countries since 2006 (Post 2017). In certain cases it has been
observed that people are uploading certain things to the internet and those things or data
belongs to the personal or private life of others. After certain times, he thought that he should
have deleted certain portion from the uploaded content. Right to be forgotten confers this
right to them so that they can erase some or whole content that does no longer exist. Most of
the developed countries like England, France and USA have the provision on right to be
forgotten. In the European Union, this right has been treated as essential elements of human
rights law (Youm and Park 2016).
The concept of the right to be forgotten is a matter of conflict among the
fundamental right seeker and many scholars. According to Pino (2000), the right to be
forgotten and right to privacy are different from each other to certain extent. In his words, the
personal data and information are come under the purview of right to privacy; whereas the
publicly known contents are contained in right to be forgotten. On the other hand, the right to
be forgotten should be treated as under the right to privacy because of its very nature.
According to certain human right seeker, it has been observed that certain individual or
companies are publishing or uploading private information about someone to earn illegal gain
or economic gain. Therefore, it should be the right of the person to erase all the documents to
protect their own rights. In the case of Google Spain SL, Google Inc. v Agencia Española de
Protección de Datos, Mario Costeja González (2014), it has been held by Court of Justice
that commercial websites are disclosing the private information of others with an intention to
earn profit. This system must be closed and citizens must get the rights to remove the relevant
links on the contents by the help of this right.
Most of the commercial sites are taking the help of the cyber technology to collect
and store information about others (Diniz 2017). The amount of collection is depending on

2THE RIGHT TO BE FORGOTTEN
the storage capabilities. In the words of Arthur Miller, it is difficult to correct the uploaded
information in the commercial sites. BBC has also conducted a series on the subject too.
However, there is no constructed definition on personal privacy. It can be described from the
aspect of spatial metaphor and can be treated as an interest that requires legal protection.
All the personal data are getting protected by several cyber laws (Doneda and
Almeida 2015). European Union has implemented a regulation named General data
Protection Regulation to protect the personal and pseudonymous data. However, it can be
stated that right to be forgotten should be given to every individual so that they can protect
their right to privacy. The same principle has been established by the Court of Justice in
Google Spain SL, Google Inc. where the court was pleased to state that private information
is much important compare to the commercial interest.

3THE RIGHT TO BE FORGOTTEN
Reference:
Diniz, M.H., 2017. A constitutional and civil vision of the new privacy paradigm: the right to
be forgotten. REVISTA BRASILEIRA DE DIREITO, 13(2), pp.7-25.
Doneda, D. and Almeida, V.A., 2015. Privacy governance in cyberspace. IEEE Internet
Computing, 19(3), pp.50-53.
Post, R., 2017. Data Privacy and Dignitary Privacy: Google Spain, the Right to Be Forgotten,
and the Construction of the Public Sphere.
Youm, K.H. and Park, A., 2016. The “Right to Be Forgotten” in European Union Law: Data
Protection Balanced With Free Speech?. Journalism & mass communication quarterly, 93(2),
pp.273-295.