The “right to be forgotten,” also known as the right to erasure, allows individuals to request that their personal data be deleted from a company’s records and, more significantly, from public internet domains. This right is prominently featured in the General Data Protection Regulation (GDPR) in the European Union and has been adopted in various forms in other jurisdictions. 

Here’s how this right impacts both individuals and businesses:

Impacts on Individuals:

Enhanced Privacy Control:

Individuals gain greater control over their personal information online. This is particularly relevant in cases where the information is outdated, irrelevant, or otherwise inappropriate—such as old news articles, forum posts, or other digital footprints that might no longer reflect the person’s current status or views.

Protection from Stigma:

It allows individuals to request the removal of information that could be harmful to their reputation or personal development. This includes information about past legal troubles, youthful indiscretions, or other personal matters that could affect one’s future opportunities.

Challenges in Implementation:

While the right offers significant benefits, it can also be challenging to implement. Requests for data deletion must be balanced against the public interest and the rights of others. Additionally, ensuring complete erasure from distributed networks or backups can be technically challenging.

Impacts on Businesses:

Compliance Requirements:

Businesses must ensure they have systems and processes in place to adequately respond to requests for data deletion. This includes the ability to identify all instances of the data, both within their databases and in any third-party data processors they use.

Increased Operational Costs:

Complying with right to be forgotten requests can be resource-intensive, particularly for businesses that handle large volumes of data or do not have efficient data management systems. The need to review each request individually, ensure legal compliance, and confirm deletion adds operational costs.

Reputation Management:

Effectively managing right to be forgotten requests can enhance a company’s reputation for respecting customer privacy. Conversely, mishandling such requests can lead to public relations issues and potential penalties under data protection laws.

Legal and Ethical Challenges:

Businesses often face legal and ethical challenges in determining whether a request should be honored. Balancing the individual’s right to privacy against the public’s right to know or the archival of historical information can be complex and may require legal consultation.