Martine Reicherts, the Justice Commissioner for the EU, has little patience with those who express concern about the ‘right to be forgotten’ as imposed by the EU Court of Justice in May of this year (without actually using the expression itself). Here is her speech and a short but very direct summary at the outset.
As you probably know, the UK House of Lords recently issued a report describing the right as ‘misguided in principle and unworkable in practice’:
Who’s right? Will the EU hurt itself by insisting on putting internet intermediaries, especially those that do not organize content, to the task of evaluating thousands of requests for removal of links? Or will such a task clear the way to a brave new world of single-market efficiencies respectful of individual’s privacy rights?
I don’t believe anyone has yet come up with a potential right to be forgotten hidden so far undiscovered in PIPEDA or its provincial counterparts, as the CJEU found in the 1995 Privacy Directive. Please correct me if I’m wrong….