Abstract
This report examines the status of the right to be forgotten in Irish law. When it came into force on 25th Mary 2018, Article 17 of the General Data Protection Regulation (GDPR) introduced a ‘right to be forgotten’ to Irish law. However, it is possible to argue that this right already existed in Irish data protection law. Indeed, this report argues that two versions of the right already existed, the ‘full’ and the ‘narrow’ versions. The ‘full’ version is the right to erasure that was already available under Irish data protection legislation, while the ‘narrow’ version is the right to be delisted identified by the Court of Justice of the European Union (CJEU) in its Google Spain decision.
But an analysis of data protection law is just one aspect of this report. In response to the questionnaire, the report explores whether a ‘right to be forgotten’ is available beyond data protection law. In doing so, it assesses whether interests in forgetting and/or being forgotten are given expression in other areas of Irish law. The report considers the legislation on spent convictions, defamation law and the law of privacy. It finds, however, that data protection law is the most suitable home for a right to be forgotten in Irish law.
Following the rubric of the questionnaire, the paper will also examine the limits of the right to be forgotten and the remedies available for infringement before providing some comments on the ‘transparency problem’ in the context of search engine delisting requests.
O’Callaghan, Patrick, The Right to Be Forgotten in Ireland (June 21, 2018). Report for the Congress of the International Academy of Comparative Law 2018.
First posted 2018-06-26 05:58:12
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