Private Law Theory

Introduction:
… Part II of this note frames the issues it seeks to resolve, and then examines Europe’s cultural history regarding privacy — including legislation and case law – and explains the development of the right to be forgotten. Part III notes the spread of the right to be forgotten into the Western Hemisphere, and discusses its implications. Part IV chronologically discusses privacy law developments in the United States, including both common law and constitutional interpretations. Part V briefly acknowledges arguments against the creation of a right to be forgotten in the United States. Finally, Part VI argues that EU and US perspectives on individual online privacy rights are not irreconcilable, and that the right to be forgotten can be adopted in the United States in a precisely tailored and improved form …

John W. Dowdell, ‘An American Right to Be Forgotten’, 52 Tulsa Law Review 311 (2016).

First posted 2017-04-13 11:47:53