To be or not to be forgotten: a new dimension of the conflict between the right to privacy and freedom of expression

Abstract

Global nature of communication technologies has raised new issues concerning privacy and the extent to which freedom of expression could be exercised. The right to be forgotten, a rather new approach to privacy protection, has emerged in the heart of the conflict between the two fundamental rights. The European provision of a new right has sparked a global debate over possible dangers of the application of the right. Global censorship and erasure of historical records being some of them, the controversial right is claimed to threaten the freedom of the Internet. Supporters of the right to be forgotten disagree and see it as a tool to regain the effective control over our private data and thus protect our privacy rights in the online world. But does forgetting on the Internet pose such an imminent danger to freedom of expression or is it disregarded due to emotional responses based on misunderstanding of what is being proposed? The prospective scope of the right to be forgotten is being decided now. The direction of its development, as well as the scope and applicable jurisdiction are currently on the international agenda. The future of applying human rights in the online environment is at stake.