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- Title
TO BE OR NOT TO BE FORGOTTEN: BALANCING THE RIGHT TO KNOW WITH THE RIGHT TO PRIVACY IN THE DIGITAL AGE.
- Authors
Carbone, Chelsea E.
- Abstract
In March 2010, Mario Costeja González filed a complaint with the Spanish Data Protection Agency against three entities: the daily newspaper La Vanguardia Ediciones SL, Google Spain SL, and Google, Inc. The complaint referred to two announcements that the newspaper had published on its online database, which Mr. González argued ought to be removed since they no longer portrayed accurate information and negatively impacted his reputation. In May 2014, the European Court of Justice ruled in Google Spain SL v. Mario Costeja González that individuals have a "right to be forgotten" within the European Union digital arena. Ironically, though Mr. González struggled to be forgotten, the attention elicited by the ensuing legal dispute rendered his past anything but forgotten. This Note will address the Google Spain ruling and the significance of the "right to be forgotten" in the European Union and beyond. It will focus in particular on the balance between the right to know and the right to privacy by obscurity in the digital age, arguing that though implementation of the "right to be forgotten" is unlikely under U.S. law, its value is manifold when it comes to maintaining control over today's global and ever-evolving digital culture.
- Subjects
RIGHT of privacy; DIGITAL technology; AGENCIA Espanola de Proteccion de Datos; COURT of Justice of the European Communities; GOOGLE Spain SL; ACTIONS &; defenses (Law)
- Publication
Virginia Journal of Social Policy & the Law, 2015, Vol 22, Issue 3, p525
- ISSN
1068-7955
- Publication type
Article