Navigating the Right to Be Forgotten in the Digital Age

Africa – The right to be forgotten, a concept allowing individuals to request the removal of their personal information from online platforms, is gaining traction globally.

According to World Economic Forum, this right, while not universally recognized, is increasingly being debated and implemented in various countries.

Emergence of the Right to Be Forgotten

Originally established in the European Union, the right to be forgotten allows people to request organizations to delete their personal data under specific conditions, such as when the data is outdated or offensive. This concept arose from a 2010 case where a Spanish national successfully sought to have Google remove outdated legal information about him.

Global Adoption and Variations

The right to be forgotten is part of the EU’s General Data Protection Regulation (GDPR) introduced in 2014. A 2019 ruling limited Google’s obligations to apply this right only within the EU. However, the concept is spreading beyond Europe, with recent developments in Canada and Japan recognizing similar rights.

Criteria for Data Erasure

The right to be forgotten applies to individuals, not organizations, and hinges on certain criteria. In the EU, these include the data no longer being necessary for its original purpose or the individual withdrawing consent. However, requests can be denied if the data is used for public interest, freedom of expression, or public health purposes.

Companies Responding to Data Removal Requests

Search engines like Google and social media platforms are increasingly receiving requests for data removal. For example, X (formerly known as Twitter) reported receiving an average of over 250 requests per day for data removal in the latter half of 2021.

Balancing Rights and Responsibilities

There is a delicate balance between the right to be forgotten and freedom of expression. Critics warn that this right could be misused to cover up illegal activities or human rights violations. Moreover, as AI and large language models evolve, new challenges arise in how to ensure data erasure from these complex systems.

Efforts to Tackle Harmful Online Content

The World Economic Forum’s Global Coalition for Digital Safety focuses on addressing harmful online content. The coalition, comprising public and private sector members, has developed Global Principles on Digital Safety to promote cooperation in creating a safe digital environment.

Making a Request for Data Removal

Individuals wishing to have their data removed can make requests verbally or in writing, depending on the jurisdiction. The EU offers a template for such requests, and companies like Google and X have established online request forms to facilitate this process.

The right to be forgotten is evolving as a significant facet of digital rights and privacy, reflecting the complexities of managing personal data in an increasingly digital world.