The Right to Obscurity: How We Can Implement the Google Spain Decision

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Volume 17, Issue 3 (Mar 2016)

On May 13, 2014, the Court of Justice of the European Union (“CJEU”) announced its judgment in Google Spain SL, Google Inc. v. Agencia Espanola de Proteccion de Datos, Mario Consteja González. The decision required Google to delist certain internet search results when a search query was made using an individual’s name. Commentators worldwide have referred to this delisting as the Right to be Forgotten. This article analyzes the legal background of the case, and the implications for technology companies and individuals. Specifically, the article concludes the required delisting is much more about obscurity than forgetting. The article concludes by making a recommendation for how to create an obscurity center, which could implement the delisting requests.

David Hoffman, Paula Bruening & Sophia Carter, The Right to Obscurity: How We Can Implement the Google Spain Decision, 17 N.C.J.L. & Tech. 437 (2016), available at http://ncjolt.org/wp-content/uploads/2016/03/Hoffman_Final.pdf.

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