Will cancel culture prevent the adoption of the right to be forgotten?

Author: 
Donald L. Buresh

In the European Union, the right to be forgotten was recognized in Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos, Mario Costeja Gonzálezwhich was decided in 2014 when Google, Inc. was required to remove personal information by individuals that requested it. The criteria that the European Union Court of Justice established are that the data to be removed from a search engine should be inadequate, irrelevant, no longer relevant, or excessive. The question that naturally arises is whether the United States Supreme Court should or will also recognize the right to be forgotten. This paper attempts to answer this question by proposing that the right to be forgotten could be inaugurated in America if the Supreme Court holds that privacy is property. Justice Gorsuch’s dissent in United States v. Carpenter suggests this possibility. This paper argues that such a holding is consistent with previous rulings regarding the right to privacy. However, a major stumbling block to legalizing the right to be forgotten is the cancel culture that is seemingly dominating the American scene. Cancel culture may delay the legal recognition of the right to be forgotten, but it will not prevent the right from being eventually recognized in statutory or case law.

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DOI: 
http://dx.doi.org/10.24327/ijcar.2021.24137.4783
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