Abstract
The 2014 Google Spain lawsuit was a major European Court ruling. It indicated that online name searches yield personal information. Google and other search engine operators must remove or prevent search results that breach privacy rights. The “right to forget” lets users remove their personal information from search engine results. Your internet privacy isn't completely protected. Technology changes quickly, making it hard for laws to stay up. The right to be forgotten is criticized for its deceptive nomenclature and inconsistent application. European websites may remove information, but non-European sites (like the US) may not. This right may also limit free speech. The chapter discusses the “right to be forgotten” from the new GDPR perspective. They are testing whether this right gives internet users more control over their data. It conflicts with privacy and free speech. It's considerably difficult since private firms, whose major objective is to make money, have a say, raising problems about our rights.
TopIntroduction
The legislation faces difficulties due to the quick development of artificial intelligence and technology, especially when resolving the intricate problems related to internet privacy. Laws now in place frequently fail to keep up with the times, particularly in the internet age, where privacy breaches are increasingly common because information can be accessed quickly and easily. In May 2014, the Court of Justice of the European Union rendered a landmark decision in the Google Spain and Google Inc. v. Agencia Española de Protección de Datos and Mario González case, marking a significant advancement in protecting personal data (Google Spain SL v. Agencia Española de Protección de Datos, 2014). The “right to be forgotten,” which permits people to ask for the removal of information about them if it is freely accessible and causes them damage, was established by this important ruling. Though the idea is not wholly novel, this ruling made it a legally recognized right (Gruschka et al., 2018).
The extant Directive on protecting personal data, created before the development of contemporary search engines, has unclear language that makes it difficult to apply and interpret. Furthermore, it gives EU members the freedom to enact their laws, which could result in differing degrees of protection for people in various nations (Erdos, 2021). The General Data Protection Regulation (GDPR) was suggested by the European Commission in 2012 as a solution to these problems, and it replaced the previous Regulation in 2018. The GDPR prioritizes privacy over freedom of speech and gives citizens the right to be “forgotten” online. It is applicable throughout the European Union. It is unclear, nevertheless, to what degree this right can be used to erase all publicly available data, just the personal data that third parties or both processes. Even after the GDPR went into effect, there are still restrictions on cross-border data transfers. Global websites like google.com are not covered under the “right to be forgotten,” which only applies to European web browsers (Kulhari, 2018). This has produced a global conversation about internet privacy. Proponents contend this strikes a compromise between individual privacy and public access to information, while detractors—particularly in the USA, where free speech is highly valued—see it as a danger. The effect this privilege has on jurisprudence will become clear in the upcoming years (Jones, 2013).
These hypotheses are as follows:
H1- The right to be forgotten or deleted does not mean that the new GDPR ensures the complete deletion of data from the Internet. Although the GDPR is a welcome attempt to protect individuals from invasions of privacy, on the other hand, it represents a form of censorship.
H2- The collision between the EU and the USA regulations occurs due to the significantly different importance of the two regulations on the right to privacy. The right to private life is weighted in the EU system, while freedom of speech occupies a more important place in the US system.
Key Terms in this Chapter
GDPR (General Data Protection Regulation): The GDPR is a comprehensive European Union regulation established in 2018 to address challenges in protecting personal data in the digital age. It prioritizes privacy over freedom of speech, giving individuals the right to be forgotten and control their online data.
Erasure of Information: This term denotes the right of individuals, as established by the GDPR, to request the removal or deletion of their personal information from online platforms and search engine results. The right to be forgotten empowers individuals to control how their data appears and is stored online.
Censorship: Critics argue that the right to be forgotten, despite its intent to protect privacy, can be perceived as censorship. This term refers to the concern that the regulation may limit the availability of information and impede freedom of speech, especially in regions where the latter is highly valued, such as the United States.
Restriction Of Access to Information: The GDPR's emphasis on the right to be forgotten includes restricting access to personal information that is freely accessible and causes harm. This regulation aims to balance protecting individual privacy and maintaining public access to information.
Privacy: The GDPR underscores the right to privacy as a fundamental right within the European Union. It aims to balance individual privacy with public access to information, particularly in the context of online data processing and search engine results.
Personal Data: Refers to information that relates to an identifiable individual. The GDPR emphasizes the protection of personal data as a fundamental human right, allowing individuals to request the removal or correction of their data through the right to be forgotten.
Cross-Border Data Transfers: Even after the implementation of the GDPR, restrictions persist on cross-border data transfers. Notably, global websites like google.com, which are not exclusively European, are not covered under the right to be forgotten. This raises concerns and triggers a global conversation about internet privacy, with potential implications for free speech and individual rights.