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- Title
The Blemish on the Clean Slate Act: Is There a Right to Be Forgotten in New Zealand?
- Authors
GOLLOGLY, FRASER
- Abstract
The Criminal Records (Clean Slate) Act 2004 allows individuals with historical criminal convictions to leave these convictions in the past. The machinery used to achieve this goal is based on the pre-digital world. The advent of the search engine has rendered the ability not to disclose a criminal record almost worthless. This article explores the "right to be forgotten" as applied by courts in the United Kingdom and discusses whether the Harmful Digital Communications Act 2015 could be used for a similar purpose in New Zealand. It examines the free speech implications of concealing historical criminal convictions, as well as other conceptual arguments for and against concealment. The conclusions drawn are used to propose and specify reform of the Criminal Records (Clean Slate) Act to ensure it can still achieve its purpose in the digital age.
- Subjects
NEW Zealand; CRIMINAL records; CRIMINAL convictions; RIGHT to be forgotten; DIGITAL communication laws; LAW
- Publication
Te Mata Koi: Auckland University Law Review, 2019, Vol 25, p129
- ISSN
0067-0510
- Publication type
Article