Private Law Theory

Abstract:
Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life examples show, enforcement is mostly feasible but may be costly. The right to be forgotten is most effective against large, bona fide corporations. This analysis provides a more realistic view of the possibilities of private law enforcement of newly proclaimed rights.

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TFE Tjong Tjin Taia, The right to be forgotten – private law enforcement. International Review of Law, Computers and Technology. DOI: 10.1080/13600869.2016.1138628. Published online: 05 Feb 2016.

First posted 2016-02-09 07:41:05