This chapter argues that there is some (limited) evidence of a right to be forgotten in the jurisprudence of U.S. courts. For the purposes of this argument, the right exists whenever interests in being forgotten and/or forgetting are understood as weighty enough to impose a duty on government and/or fellow citizens to respect those interests. Most of the relevant cases belong to the pre-digital era but nevertheless provide some doctrinal support for a right to be forgotten in the digital era. In particular, the chapter pays close attention to the privacy challenges associated with search engines and argues that it may be possible to implement a Google Spain-inspired right to be forgotten (in the sense of delisting or deindexing search results) in the United States.
27 April 2018
The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States' by Patrick O'Callaghan in A. Cudd and M. Navin (eds) Privacy: Core Concepts and Contemporary Issues (Springer, 2018) comments