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14 Colo. Tech. L.J. 281 (2015-2016)
Proposal for an International Taxonomy on the Various Forms of the Right to Be Forgotten: A Study on the Convergence of Norms

handle is hein.journals/jtelhtel14 and id is 305 raw text is: 







    PROPOSAL FOR AN INTERNATIONAL
    TAXONOMY ON THE VARIOUS FORMS
    OF   THE RIGHT TO BE FORGOTTEN:
      A   STUDY ON THE CONVERGENCE
                         OF NORMS

         W. GREGORY   VOSS* AND  CtLINE CASTETS-RENARD**

     The  term right to be forgotten is used  today to represent a
multitude of rights, and this fact causes difficulties in interpretation,
analysis, and comprehension of such rights. These rights have become of
utmost importance due to the increased risks to the privacy of individuals
on the Internet, where social media, blogs, fora, and other outlets have
entered into common use as part of human expression. Search engines, as
Internet intermediaries, have been enrolled to assist in the attempt to
regulate the Internet, and the rights falling under the moniker of the right
to be forgotten,  without truly knowing the extent of the related rights. In
part to alleviate such problems, and focusing on digital technology and
media, this paper proposes a taxonomy  to identify various rights from
different countries, which today are often regrouped under the banner
right to be forgotten,  and to do so in an understandable and coherent
way. As an integral part of this exercise, this study aims to measure the
extent to which there is a convergence of legal rules internationally in
order to regulate private life on the Internet and to elucidate the impact
that the important Google Spain right to be forgotten  ruling ofthe Court
ofJustice of the European Union has had on law in other jurisdictions on
this matter.
     This paper willfirst introduce the definition and context of the right
to be forgotten. Second, it will trace some of the sources of the rights
discussed around the world to survey various forms of the right to be


     * Professor of Business Law, University of Toulouse, Toulouse Business School (TBS),
Associate Member of the Institut de Recherche en Droit Europden International ct Compard
[Research Institute in European, International and Comparative Law] (IRDEIC), Co-Chair of
the American Bar Association Section of International Law Privacy, E-Commerce, and Data
Security Committee.
    ** Junior Member of the Institut Universitaire de France and a full Professor at the
Universitd Toulouse I Capitole (UT1), Co-Director of the Master in Digital Law at UTI and
Assistant Director of the IRDEIC.


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14 Colo. Tech. L.J. 281

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