Reloading Data Protection

pp 61-77


The EU, the US and Right to be Forgotten

  • Paul BernalAffiliated withUEA Law School, University of East Anglia Email author 

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The so-called ‘right to be forgotten’ has been a subject of much debate on both sides of the Atlantic since Commissioner Viviane Reding announced her intention to introduce it in 2010. What is seen by those proposing it on the European side to be a simple and logical extension of existing data protection principles is presented in the US as ‘the biggest threat to free speech on the internet in the current decade’. Both sides see themselves as protecting the rights of the ordinary people—the EU in the face of the potentially overwhelming power of the corporate internet behemoths, the US in the face of the excessive and controlling zeal of the European regulators.