Eternal Sunshine: The Right to Be Forgotten in the European Union after the 2016 General Data Protection Regulation

Authors

Stefania Alessi

Abstract

In 2014, the Court of Justice of the European Union recognized the existence of the Right to be Forgotten. In 2016, the European Council and the European Parliament enacted the General Data Protection Regulation to provide a uniform normative framework for the RTBF that harmonized data protection across the European Union. The GDPR provoked heated criticism because it may sway search engine providers to accept every request to eliminate data from the Internet and harm the right to freedom of information. This Comment argues that the new normative framework of the RTBF is consistent with the well-established protection of the right to respect for private life recognized and protected under the 1950 European Convention on Human Rights. It also argues that the GDPR will not harm the right to information because the structure of the Internet market will safeguard the right to information and the search engine's economic rights.

Recommended Citation

Stefania Alessi, Eternal Sunshine: The Right to Be Forgotten in the European Union after the 2016 General Data Protection Regulation, 32 Emory Int'l L. Rev. 145 (2017).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol32/iss1/4