Should the U.S Congress statutorily adopt a "right to be forgotten"?
January 23, 2023
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I do not think the U.S. Congress should adopt a "right to be forgotten" like the one Europe has. For one, I think the argument can made that it violates freedom of the press as a flat blanket law. Further, due to the number of stipulations and reasons a request can be rejected in the European law, it makes more sense as common law to me. I think a majority of privacy issues end up needing to be defined on a case by case basis by common law, and this is no different.
ReplyDeleteNo. In general, I don't think the US should have a right to be forgotten like the one in the EU. I feel like there is too much gray area on what should be deleted and what shouldn't, and it's a right that could potentially be abused. However, I do think that in some areas, there can be laws allowing people to delete certain things. As it says in the article by Terry Carter, it makes sense for there to be laws against revenge porn or mugshots that require fees for them to be taken down. I also think that we should have some sort of right to ensure that information is up to date, like the examples in the article about updating news stories with acquittals or dropped charges.
ReplyDeleteNo. The right to be forgotten infringes on the free speech of others. By forcing the removal of someone else's publication for personal gain, you restrict another's right to speech. The U.S. already has substantive protections for privacy, which do not infringe upon another's rights and can be used to protect one's image. Furthermore, the alteration of history opens up a lot of slippery slope cases which could have bad endings. I agree with what Volokh says, "If I'm going to hire a baby sitter or other employee, I might want to know what someone has done."
ReplyDeleteYes, the right to be forgotten as defined by the GDPR is the right to have your data deleted once it is no longer accurate, useful, or if it has become outdated. The ability to request that my data is deleted does not give methe ability to force someone to delete a story about me that I find unseemly, but rather the ability to ensure that any stories, data, or web results are both accurate and current. This allows me to ensure that my data rights are being taken seriously, and ensures that corporations are taking my data seriously as well.
ReplyDeleteYes. We should be able to withdraw information we share if it serves us no purpose or is inaccurate. Today giving away excessive amounts is just a fact of life, a right to be forgotten law would give some control back to individuals.
ReplyDeleteYes. As defined by the GDPR, the right to be forgotten allows for information to be removed once it is deemed inaccurate or useless, but it also allows for the organizations to argue their case for why the data is still useful, and they have the right to deny the request for the removal. I think that because it is more of a request than an absolute right, the right to be forgotten is something that should be adopted by the US government. The fact that there is some grey area on what should/should not be deleted makes this a good thing to have, since it gives some room for organizations and individuals to discuss the information and it's use, and allows individuals to keep tabs on what information is out there and how it's being used.
ReplyDeleteYes. I think that congress should defend the right to be forgotten as it is defined by the GDPR. This would give people control over how their information is collected and used by organizations. I don't think that it infringes on the freedom of speech, because it isn't a definite thing. To invoke the right to be forgotten, individuals have to make a request of the organization, and can be asked to provide further reasoning and proof of identity before the request it honored. If it is determined that the organization is using the data legally and that it benefits public interest, then the data doesn't have to be removed at all. There is room for interpretation, which is a good thing, because the right to be forgotten opens communication between organizations and individuals about the collection and usage of private information and allows case by case decisions.
ReplyDeleteYes, congress should absolutely adopt a "right to be forgotten". After reading numerous examples of which people's privacy on the internet has been violated, I believe that if congress were to pass a "right to be forgotten", it would at least allow individuals on the internet to have a chance to refute the claims or presuppositions about who they are as a person. It would give more control and power to over the billions of users on search engines in particular, to control what information is able to be accessed easily by the public. It also, however, gives companies such as Google, the chance to deem whether their case is suitable for the actual erasure of their data on the internet. In this regard, I think congress will have to amend the currently existing right to be forgotten laws in the EU and supplement the proposed legislation with a more pragmatic solution. As opposed to allowing monopolies such as google and other data collectors/users to privatize what can and cannot be erased on the internet, there should be a different system in which it is conducted in a more ethical way. I think that because Google, as seen in the example in France, can omit conditions and policies with the host country that carries right to be forgotten laws, it is necessary to add more stipulations that give more power to the user, as well as an ethical board or oversight to look at each request by a user to be forgotten fairly.
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