Abstract
The issue of the “right to be forgotten” presents a modern problem with regard to a person’s right to request search engine providers for the deletion of search results generated by entry on his/her name. In recent years, legislation introducing the right to request the deletion of personal data has been taking place in the EU and the U.S. This paper reviews the legal frameworks with regard to the right to request the deletion of personal data in the EU, the U.S. and Japan and studies whether there is a right for a natural person to request the deletion of search results on him/her from search businesses (in other words, the “right to be forgotten”) in each of these jurisdictions. In addition, the author examines the challenges of the Japanese legal system.
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Notes
- 1.
For example, in the case of the European Court of Human Rights, Rotaru v. Romania, 4 May 2000, the applicant alleged a violation of his right to respect for his private life on account of the holding and use by the Romanian Intelligence Service of a file containing personal information and an infringement of his right of access to a court and his right to a remedy before a national authority that could rule on his application to have the file amended or destroyed. The ECHR concluded that both the storing of that information and the use of it, which were coupled with a refusal to allow the applicant an opportunity to refute it, amounted to interference with his right to respect for his private life as guaranteed by Article 8, Paragraph 1.
- 2.
On the other hand, the Federal Trade Commission (FTC) of the U.S. has operating authority based on the Federal Trade Commission Act of 1914 from the position of consumer protection [11, p. 408].
- 3.
“Fish that swim in rocks” Case, Decision of the Supreme Court on September 24, 2002, Hanreijiho, No. 1802, p. 60.
- 4.
The search service of Google Inc., “Google,” appeared at around 1998, and its Japanese version appeared at around 2000.
- 5.
- 6.
On July 27, 2010, Yahoo Japan Corporation gathered attention when it used the search engine of Google Inc., as the back engine of “Yahoo! JAPAN.” See [25] for the market share of search engines in Japan.
- 7.
On December 13, 2019, the PPC made public an outline of system amendment in reviewing the APPI every 3 years [33]. This outline holds up the easing of the requirements of “deletion,” but it is unclear whether debates have been carried out in relation to the right of deletion and the “right to be forgotten” that has search businesses as the subject. Furthermore, according to the written report gathered together by workshop under the Ministry of Internal Affairs and Communications after the first decision of the ECJ mentioned above was given, the issue of the deletion of search results carried out by search businesses has the premise of fundamentally entrusting to the self-regulation of the businesses and carrying out inspections within the legal framework related to the existing the right of privacy [17].
- 8.
On December 12, 2019, in a case requesting deletion of search results (decision on the merits), where a man requested the deletion of search results from Google LLC, the Sapporo District Court stated that the interests of not making it public are superior to that of maintaining of the display and gave a decision of ordering deletion (Westlaw. JAPAN, reference number: 2019WLJPCA 12126001).
Furthermore, for the tendencies inside and outside the country before the aforementioned decision of the Supreme Court, see [12, 35]. The summary of domestic developments since the Supreme Court decision, see [24].
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Nakashima, M. (2020). The Legal Frameworks of the Right to Request the Deletion of Personal Data in the EU, the U.S. and Japan and the Right to Be Forgotten: A Study Focusing on Search Businesses. In: Kreps, D., Komukai, T., Gopal, T.V., Ishii, K. (eds) Human-Centric Computing in a Data-Driven Society. HCC 2020. IFIP Advances in Information and Communication Technology, vol 590. Springer, Cham. https://doi.org/10.1007/978-3-030-62803-1_3
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