The so-called "Right to Be Forgotten or Erasure" (RTBF), article 17 of the proposed General Data Protection Regulation, provides individuals with a means to oppose the often persistent digital memory of the Web. Because digital information technologies affect the accessibility of information over time and time plays a fundamental role in biological forgetting, 'time' is a factor that should play a pivotal role in the RTBF. This chapter explores the roles that 'time' plays and could play in decisions regarding the retention or erasure of data. Two roles are identified:(1) 'time' as the marker of a discrete moment where the grounds for retention no longer hold and 'forgetting' of the data should follow and (2) 'time' as a factor P. Korenhof ( )
Are you unclear about the European Commission's 2012 draft Data Protection Regulation proposing a qualified “right to be forgotten?” That's not surprising, say Meg Ambrose and Jef Ausloos. Their in-depth analysis finds a bifurcated social and legal history, divergent conceptions of the “right,” and alternative options for implementation. They contrast a right to “oblivion” (full deletion of certain public data) with a “right to erasure” (removal of personal data provided for automated processing) and find them conflated in the “right to be forgotten” in the EU's proposed data regulation. The two should be separated, they argue, with support for the right to erasure while more study is needed on the less clear “right to oblivion.”
Communicating false information that harms the reputation of an individual or entity creates legal liability for the injuries incurred. Defamation is handled very differently, however, in America than overseas, particularly when the offending communication is networked. As a robotic future becomes increasingly present, the way in which legal systems will respond when robots lie presents a pressing social question. This article provides a background of the subject, compares various defamation laws, and lays forth a set of important questions that will need answers and hinge on the design and capability of robotic systems.
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