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Home > School of Law > Law School Journals > ILJ > Vol. 19 > Iss. 1 (2017)

 

San Diego International Law Journal

Cory DiBene

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Comment

Abstract

The “Right to be Forgotten” is an EU doctrine. However, now that the UK is progressing towards leaving the EU in 2019, it is important to examine what jurisprudential changes will follow. This Comment will examine the “Right to be Forgotten,” the UK’s criticism of the EU Internet doctrine, and the future of the doctrine in the UK once Brexit takes full effect.

The future is somewhat unclear since Brexit arguably jammed the “Right to be Forgotten’s” radar in the UK. Arguments can be made for abandoning the Right and creating a new jurisprudence in the UK. The House of Lords’ commentary fully supports this approach. Yet, the new EU Internet privacy laws, along with accompanying business implications of following these laws, provide other sound reasons for following the EU’s “Right to be Forgotten.” Nevertheless, to Rick Moranis’s delight, it does not appear that Brexit used raspberry jam on the Right’s radar. This Comment concludes that numerous factors weigh in favor of the United Kingdom following the Right’s jurisprudence after the country leaves the EU.

Part II of this Comment will discuss the background information of the Right’s origin in the EU, culminating in a foundational case and applicable laws that explain precisely what the Right is.

Part III of this Comment will analyze the controversy over implementing the Right in practice, particularly from a UK perspective. It will also explore the frequently perceived negative effects the Right has on businesses and the judicial system.

Part IV of this Comment will consider Brexit’s ramifications on the Right, and offers arguments both in favor of adopting the Right and for abandoning it altogether post-Brexit.

Part V of this Comment will attempt to deliver a workable solution to the present-day dilemma of what to do with the Right to be Forgotten and the General Data Protection Regulation (“GDPR”). It will ultimately conclude that the UK should adopt and embrace the Right once it leaves the EU.

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