Speaking of forgetting: Analysis of possible non-EU responses to the right to be forgotten and speech exception

Ambrose, Meg Leta

doi:10.1016/j.telpol.2014.05.002

Cited by 12 publications

(7 citation statements)

References 8 publications

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“…The effects of the right to be forgotten on freedom of speech have drawn great attention. Journalists and scholars from the concerned fields insist that the right will deteriorate overall journalism and freedom of speech (Ambrose 2014 ). However, the right can also improve freedom of speech for autonomy, democracy, and truth-seeking (Youm and Park 2016 ).…”

Section: Discussionmentioning

confidence: 99%

Could You Ever Forget Me? Why People Want to be Forgotten Online

Kwak

Lee

2021

J Bus Ethics

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The concept of people’s memory maintains the finiteness of time and capacity. However, with the advancement in technology, the amount of storage memory a person can use has increased dramatically. Given that digital traces can hardly be erased or forgotten, individuals have begun to express their desire to be forgotten in the digital world, and governments and academia are considering methods to fulfill such wishes. Capturing the difficulties in terms of a cultural lag between technological advancements and regulations on individuals’ data privacy needs, we identify six motives for individuals wishing to be forgotten online and investigate its expected effects on online content generation through a qualitative content analysis of 222 responses from open-ended surveys in Korea. Our findings provide implications for the literature on individual privacy and the right to be forgotten employing the cultural lag, as well as, elaborate further on the relationship between being forgotten online and the legitimacy of such requests of individuals. Additionally, implications for data providers, data controllers/processors, and governments to address this lag and build a balanced system of personal information are provided.

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Section: Discussionmentioning

confidence: 99%

Could You Ever Forget Me? Why People Want to be Forgotten Online

Kwak

Lee

2021

J Bus Ethics

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“…Therefore, withdrawing consent should be discussed and regulated in this case. The GDPR has a definite impact on a global scale (54)(55)(56)(57)(58)(59). Indeed, while this paper presents and analyses medically-assisted reproduction techniques using donors by taking into account the right to have personal data deleted, the lack of specifics in the regulatory responses of ART regarding the right to be forgotten is relevant to many countries responding to the same problems.…”

Section: The Rtbf and Art Using Gamete Donationmentioning

confidence: 99%

The Right to Be Forgotten versus the Right to Disclosure of Gamete Donors’ ID: Ethical and Legal Considerations

2021

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The anonymity of gamete donors in the context of medically-assisted reproduction techniques (ART) and the right of the offspring to know their genetic or biological parents' identity is a controversial and widely debated topic in the scientific literature. The positions on the issue in each country are different. Sometimes they are in opposition to each other even in countries with strong similarities, such as those in the European Union (EU), in the framework of shared ethical values. Although some countries still enshrine the rule of anonymity, there is an undeniable tendency to guarantee the right to know one's origins by creating relevant exceptions or abolishing donor anonymity status altogether. This article offers ethical and legal considerations of whether the so-called 'right to be forgotten' (RTBF) could be extended to include gamete donors' right to remain anonymous. This perspective goes against the general trend, certainly in Europe, of recognizing that offspring born from donor gametes have a right to access information relating to their genetic progenitors. The novel addition is to question whether the General Data Protection Regulation (GDPR) might provide fertile ground for questioning this approach, and effectively support those jurisdictions where anonymity is still possible.

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“…It is undeniable that the European Union (EU)'s adoption of new legislation concerning personal data protection comes from a technological evolution that has generated a massive collection, conservation, and proliferation of data over the past two decades [2,7,15,18,65,69,82]. This new legislation has significant implications in foreign to EU countries (third countries), especially the United States of America (USA) and developed countries [73].…”

Section: Introductionmentioning

confidence: 99%

Gender Transition: Is There a Right to Be Forgotten?

2021

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The European Union (EU) faced high risks from personal data proliferation to individuals’ privacy. Legislation has emerged that seeks to articulate all interests at stake, balancing the need for data flow from EU countries with protecting personal data: the General Data Protection Regulation. One of the mechanisms established by this new law to strengthen the individual’s control over their data is the so-called “right to be forgotten”, the right to obtain from the controller the erasure of records. In gender transition, this right represents a powerful form of control over personal data, especially health data that may reveal a gender with which they do not identify and reject. Therefore, it is pertinent to discern whether the right to have personal data deleted—in particular, health data—is ethically acceptable in gender transition. Towards addressing the ethical dimensions of the right to be forgotten in this case, this study presents relevant concepts, briefly outlines history, ethics and law of records considering the evolution from paper to electronic format, the main aspects of identity construction and gender identity, and explores the relationship between privacy, data protection/information control and identity projection. Also, it discusses in gender transition the relation between “the right to self-determination”, “the right to delete”, and “the right to identity and individuality”. Conclusions on the ethical admissibility of the ‘right to be forgotten’ to control gender-affirming information are presented.

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Speaking of forgetting: Analysis of possible non-EU responses to the right to be forgotten and speech exception

Cited by 12 publications

References 8 publications

Could You Ever Forget Me? Why People Want to be Forgotten Online

Could You Ever Forget Me? Why People Want to be Forgotten Online

The Right to Be Forgotten versus the Right to Disclosure of Gamete Donors’ ID: Ethical and Legal Considerations

Gender Transition: Is There a Right to Be Forgotten?

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Speaking of forgetting: Analysis of possible non-EU responses to the right to be forgotten and speech exception

Cited by 12 publications

References 8 publications

Could You Ever Forget Me? Why People Want to be Forgotten Online

Could You Ever Forget Me? Why People Want to be Forgotten Online

The Right to Be Forgotten versus the Right to Disclosure of Gamete Donors&#8217; ID: Ethical and Legal Considerations

Gender Transition: Is There a Right to Be Forgotten?

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Product

Resources

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The Right to Be Forgotten versus the Right to Disclosure of Gamete Donors’ ID: Ethical and Legal Considerations