About Forgetting and Being Forgotten

Abstract

For the first time, the General Data Protection Regulation (GDPR) will explicitly codify a right to be forgotten. This right will be laid down in Article 17. Yet, it more likely resembles a right to erasure. Furthermore, the member states are free to impose restrictions. A right to erasure already exists in the current German data protection law. To decide whether a claim for deletion must be admitted or not, various rights have to be weighed. On one hand, there must be considered the protection of personal data, the respect for the private life, and human dignity; on the other hand, the entrepreneurial freedom, the right to freedom of expression, the freedom of information, and the freedom of press have to be taken in consideration. Various criteria that are partly determined by the European Court of Justice help to weigh the different interests.