The origins, jurisprudential fallacies and practical limitations of a ‘Right To Be Forgotten’ in the European Union

Shrivastava, Anujay (2021) The origins, jurisprudential fallacies and practical limitations of a ‘Right To Be Forgotten’ in the European Union. International Journal of Law and Policy Review, 10 (2). pp. 153-203. ISSN 22783156

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Abstract

In the 21st century, an era dominated by internet and ever- expanding digitalization, it is difficult to hide electronic-footprints and information about ourselves from the world. In this regard, the emergence of a ‘new’ right to be forgotten (RTBF) in the EU, which protects the ‘personal data’ of individuals, has received critical acclaim. While tracing the origins, nature and scope of the RTBF in EU, this article shall attempt to best jurisprudentially locate RTBF as both an ‘independent right’ and a facet derived from values like ‘privacy’, ‘autonomy’ and ‘dignity’. Subsequently, the problem of ‘theoretical indeterminacy’ arising from co- existence of RTBF and right to ‘privacy’ shall be addressed. Moving forward, the practical limitations of RTBF and its ‘balancing’ with competing rights/interests shall be delineated. Finally, a comparative analysis of the RTBF in the supra-national EU with the nascent development of RTBF and right to ‘informational privacy’ in India shall be undertaken.

Item Type: Article
Keywords: Controller/Operator | Data subject | GDPR | Indeterminacy | Information | Right to Erasure (RTE) | Right to be Forgotten (RTBF) | Personal data | Privacy | Processing
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 13 Feb 2022 11:27
Last Modified: 13 Feb 2022 11:27
Official URL: https://drive.google.com/file/d/1KGMjpDcDl2OtrBqjV...
URI: https://pure.jgu.edu.in/id/eprint/1241

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