Data privacy and the right to be forgotten

Geraldine O. Mbah *

LL.B. University of Benin, Benin City, Nigeria.
 
Research Article
World Journal of Advanced Research and Reviews, 2022, 16(02), 1216-1232
Article DOI: 10.30574/wjarr.2022.16.2.1079
 
Publication history: 
Received on 13 September 2022; revised on 17 November 2022; accepted on 20 November 2022
 
Abstract: 
In the digital era, data privacy has become a critical issue as vast amounts of personal information are collected, processed, and stored by corporations, governments, and online platforms. The growing reliance on data-driven technologies, including artificial intelligence and big data analytics, has heightened concerns over the security and ethical handling of personal data. Amid these concerns, the Right to Be Forgotten (RTBF) has emerged as a legal and ethical concept aimed at granting individuals’ greater control over their digital footprint. This right, enshrined in the European Union’s General Data Protection Regulation (GDPR), allows individuals to request the removal of their personal data from search engine results and other online repositories when it is no longer relevant, necessary, or lawfully processed. While RTBF enhances personal autonomy and privacy, it presents significant challenges, including conflicts with freedom of expression, the practicality of enforcement across jurisdictions, and the implications for transparency in digital records. Additionally, the implementation of RTBF varies globally, with jurisdictions like the United States resisting its adoption due to strong protections for free speech. The tension between privacy rights and public interest necessitates a nuanced approach to data governance, incorporating technological solutions such as differential privacy and automated compliance mechanisms. As digital ecosystems expand, policymakers must balance privacy protections with the legitimate interests of businesses, media, and society at large. This paper explores the legal, ethical, and technical dimensions of RTBF, providing a comparative analysis of global frameworks and proposing policy recommendations to ensure effective data privacy governance in an increasingly interconnected world.
 
Keywords: 
Data Privacy; Right to Be Forgotten; GDPR; Digital Footprint; Freedom of Expression; Data Governance
 
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