Privacy is the New Black: A Study on the Right to be Forgotten in the EU

Abstract: Digitalization has changed society in many ways. One of the results of the development of the online world is that people have formed the habit of sharing all sorts of information about themselves and others to everyone around them at all times. People have adapted to a society where they feel a compulsion to be repeatedly connected and represented on digital networks. However, individuals have started to grasp the fact that the Internet does not only have positive effects. The ‘eternal memory’ of the Internet has instead become a problem. As a result, people are now trying to regain the privacy they allowed the Internet to steal from them and individuals require removal of information they no longer want to be in the public’s appreciation. The legislators of the European Union (EU) have presented a proposal for a comprehensive reform of the 1995 data protection rules. The reformed rules are, amongst other things, trying to meet society’s need to reclaim the function of forgetting. On 13 May 2014 the Court of Justice of the European Union (CJEU) ruled in Case C-131/12 Google Spain v. AEPD and Mario Costeja González. The judgement is of great significance for the EU data protection law and fundamental rights law within the EU. The CJEU recognized the ‘Right to be Forgotten’ and a right for individuals to remove links generated by Internet search engine operators. However, the Court’s judgement left several important questions open and this resulted in a lot of academic commentary and a wide range of reactions. This thesis critically examines the current and upcoming legislation, case law and academic commentary concerning the ‘Right to be Forgotten’ and data privacy rights. It is established that the online privacy rights threatens other fundamental rights such as the freedom of expression. However, it is also found that regaining the function of forgetting is of equal importance. Hence, fundamental rights have to be weighed against each other and a balance between the fundamental rights present on the web must be found.