Right to be forgotten: definition, issues, and legal framework | Glossary

Law and Legal

Compliance & Data

What is the right to be forgotten?

The right to be forgotten is a legal right that gives individuals the ability to request the deletion or erasure of their personal data when it is no longer relevant or necessary. This right is primarily governed by the General Data Protection Regulation (GDPR) in Europe.

This is a mechanism for limiting the dissemination of old, obsolete, or inappropriate personal information in order to protect the privacy of the individual.

This right does not mean that all information must be indiscriminately deleted; it must be applied in accordance with a balance between the right to privacy and the public's right to information.

Why use the right to be forgotten and what is its purpose?

The right to be forgotten is essential for giving individuals greater control over their personal data. In a context where information circulates widely and remains accessible for a long time, this right makes it possible to limit the repercussions of past events or data that could damage a person's reputation or privacy.

It helps prevent discrimination, prejudice, or negative consequences associated with the persistence of outdated data. The right to be forgotten thus strengthens user confidence and respects their dignity online.

Furthermore, this right is an important tool for companies to comply with data protection laws, particularly the GDPR, which imposes strict obligations on the management of personal data.

How does the right to be forgotten work in practice?

To exercise the right to be forgotten, a person must submit a request to the entity that holds their data, such as a website, search engine, or organization.

This request may require the deletion of personal data that is no longer necessary, incorrect, or unlawful. The entity concerned must then review the request and, if justified, proceed with the erasure or deindexing of the information.

In some cases, it is necessary to weigh up conflicting interests, such as the right to freedom of expression or public information, before deleting data. The process is based on specific rules laid down by legislation, in particular the GDPR.

What are the advantages and disadvantages of the right to be forgotten?

The right to be forgotten has several undeniable advantages:

It protects privacy by limiting the circulation of sensitive personal information.
It allows individuals to repair their reputation by removing obsolete or erroneous data.
It promotes corporate compliance with legal standards regarding data protection.

However, this right also has limitations and challenges:

It may conflict with freedom of expression and the right to public information.
Managing requests can be complex for organizations, particularly when it comes to balancing conflicting interests.
The right to be forgotten can be difficult to fully enforce on the Internet, where information is often copied and shared on a large scale.

Concrete examples and use cases of the right to be forgotten

A typical example concerns the de-indexing by search engines of web pages containing personal information that the individual wishes to make less accessible.

Another common situation is the deletion of personal data from a website or social network at the user's request to prevent misuse or unwanted use.

In business, the right to be forgotten is used to ensure that no outdated or inappropriate personal data is retained, in accordance with legal obligations.

The best resources and tools for the right to be forgotten

FAQ

What data can be deleted under the right to be forgotten?

The right to be forgotten allows individuals to request the deletion of personal data that is inaccurate, obsolete, or processed unlawfully. This may include private information, sensitive data, or data that no longer needs to be retained.

Is the right to be forgotten applicable everywhere?

The right to be forgotten is primarily applicable in the European Union under the GDPR. Some countries outside the EU may have similar legislation, but the rules and their application vary depending on the jurisdiction.

How do I request the right to be forgotten?

To make a request, you must contact the organization or website that holds the data, usually via a contact form or a dedicated procedure. The request must be clear and justified in order to be considered.