The Forum | 2016 | Page Page: 61

Is It Too Late for the Right to Be Forgotten?

by Lisa Marie Taylor

Abstract
The Court of Justice of the European Union’s decision in Google Spain SL v. Agencia Española de Datos, in May 2014, established the right to be forgotten in the European Union. The right to be forgotten is an individual’s right to ask search engines to remove links with personal information about him or her, where the information is inaccurate, inadequate, irrelevant, or excessive for the purposes of data processing. While the EU has always prioritized data protection in its legislation, this landmark decision has thrown EU data-protection law into a tailspin and caused additional procedural issues. The CJEU decision could also have ramifications outside of the EU, including for U.S.-based search-engine providers such as Google, which must now dedicate significant additional resources toward compliance.

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