Wednesday, 14 November 2018

Laws on Erasure of Online Information.

The Law Library of Congress has just published a report titled Laws on Erasure of Online Information (62 page pdf). This report describes the laws of twelve jurisdictions that have some form of remedy available enabling the removal of online data based on harm to individuals’ privacy or reputational interests, including but not limited to defamation. Six of the countries surveyed are within the European Union (EU) or the European Economic Area, and therefore have implemented EU law. Five non-EU jurisdictions are also surveyed. A comparative summary is included. From the Summary:
"The right to erasure (right to be forgotten) forms part of the right to personal data protection, which is a fundamental right in the European Union. It is codified in article 17 of the General Data Protection Regulation, which intends to update and clarify the right to erasure for the digital age...The right to the protection of personal data is not an absolute right and must be balanced against other fundamental rights, such as the freedom of expression and information."

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