Topic:
Is reintroducing forgetting a solution of data protection in an age of endless data accumulation? Analysis of the right to be forgotten from a practical perspective
(Please draw on related rules and policies as evidence)
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In Viktor Mayer-Schnbergers 2011 book Delete, he points out the digital technology empowers us as never before, yet also has unforeseen consequences. He recognises the phenomenon of perfect remembering in cyberspaces, where information can remain timelessly. He reveals the importance of reintroducing our capacity to forget. He argues information privacy rights can’t help us and proposes a solution of expiration dates on information. The notion that the digital realm remembers is sometimes better forgotten is an interesting one for me, and this may have profound implications for the newly proposed Right To Be Forgotten(RTBF).
The Right To Be Forgotten(RTBF), which is a new notion in the regime of data protection and privacy entrenched from Directive 95/46/EC of the European Parliament 12(b) regarding the subjects right of access to data. The Google Spain Judgment in 2014 is the first case deemed to have acknowledged RTBF. And the upcoming European Union’s General Data Protection Rule (GDPR) will be the first rule to formally include this right.
Some questions arise such as whether it is going to enhance publics control over their personal data? How does it apply to practical cases where different countries seem to have varied interpretations on RTBF, especially in jurisdictions outside EU-zone. Im interested to examine some recent cases happening in my country(Taiwan) and other Asian regions and compared with those in EU, to see if it is promising in the future.
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Current event regarding the issue
https://www.bloomberg.com/news/articles/2018-01-18/google-braced-for-england-s-first-right-to-be-forgotten-trial
Google Faces Englands First Right to Be Forgotten Trial
in the essay, trying to answer the questions
1. How do we deal with contrast between public interest (freedom of speech) and personal right (privacy/ right to remove personal data)
2. How does the notion of right to be forgotten be accepted in Asian countries?
3. Does the notion of right to be forgotten become meaningless since currently it cannot be applied universally?
key arguments?
In this essay I will argue that
1. Currently case-by-case examination for the request of removal application seem to make the notion practically difficult, especially when deciding if the contents is in the public interest and will defend the publics right to access lawful information.
2. It might become less meaningful in the sense that it still not applies universally. So the removal of link about one person from one country might still remain easily visible to his foreign colleagues, or even to others fake their IP address to a non-EU country.
3. Setting expiration dates on information might act as a more efficient solution.
evidence drawing on to answer the question
By examining Art. 17 GDPR Right to erasure (right to be forgotten), other provision invoking RTBF, and searching engine companys current policy. Also investigating judgments in related cases around the world.
indicative references to use: 1. Art. 17 GDPR Right to erasure (right to be forgotten)
2. Case C-131/12 Google Spain SL, Google Inc.v Agencia Espaola
European Parliament and of the Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data
3. Delete: The Virtue of Forgetting in the Digital Age. Viktor Mayer-Schnberger.
4. Judgment of Civil Affairs, No. 2976 Year 2014, Taiwan Taipei District Court
5. News: Google Faces Englands First Right to Be Forgotten Trial
https://www.bloomberg.com/news/articles/2018-01-18/google-braced-for-england-s-first-right-to-be-forgotten-trial
6. News: Debate: Should The U.S. Adopt The Right To Be Forgotten Online? National Public Radio (Washington, 18 March 2015)
https://www.npr.org/2015/03/18/393643901/debate-should-the-u-s-adopt-the-right-to-be-forgotten-online
7. News: ECJ to rule on whether ‘right to be forgotten’ can stretch beyond EU
https://www.theguardian.com/technology/2017/jul/20/ecj-ruling-google-right-to-be-forgotten-beyond-eu-france-data-removed
8. Gooles policy: Remove information from Google (Google)
https://support.google.com/websearch/troubleshooter/3111061
9. Bings policy: Request to Block Bing Search Results In Europe
https://www.bing.com/webmaster/tools/eu-privacy-request
10. as attached This is a really important paper and requires examination and evaluation on related rules, policies and Judgment from several cases. So I dont need the paper to be submitted early, but I expect a well-analysed one.
I will prefer writers who has experience in writing essays related to law or policy, or some topics regarding privacy or data protection issues.
And please ensure the work is original with all adequate citations. But please Do Not run through Turnitin, because my institution also uses the same system and it may cause the work to be saved in the database and have some problems when I submit.