Forget me not: the clash of the right to be forgotten and freedom of expression on the Internet

value, it is desirable for users to be able to exercise at least a modicum of control over personal information pertaining to themselves that is publicly available online. It is precisely this idea that underpins the European Commission’s proposed legislative reform to its privacy framework known as ‘right to be forgotten’. 2 In enabling individuals to demand erasure of personal data previously shared online, the European Union seeks to give Internet users legal recourse to force data controllers to ‘forget’ their personal information. The application of this right in the digital world, however, may pose an obstacle to free expression and the public interest in access to information. Thus, while understanding the right to be forgotten as a tool enabling users to better control their image and existence on the Internet, this paper analyses the ways in which this right may also function as a hindrance to freedom of expression. The first part of the paper discusses the privacy framework of the EU and the notion of the right to be forgotten, while the second part examines the shortcomings of the concept. It then turns to the potential impact of the right to be forgotten on freedom of expression and access to information. Lastly, the paper addresses the contrast between the right to be forgotten and important perspectives in US privacy law. Development of the EU Privacy Framework and the right to be forgotten