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Not just one, but many ‘Rights to be Forgotten’

Geert Van Calster, KU Leuven
Alejandro Gonzalez Arreaza, KU Leuven
Elsemiek Apers, Conseil International du Notariat Belge
PUBLISHED ON: 15 May 2018 DOI: 10.14763/2018.2.794

Since being first developed through the case law of the European Court of Justice, the Right to be Forgotten (RTBF) has rapidly diffused beyond its European origins: in Latin America for instance. This paper documents the wide spectrum of interpretations the RTBF has had across countries and data protection authorities.

While intermediary liability is becoming an issue of increasing importance in internet governance discussions, little is being made at the institutional level to minimise conflicts across jurisdictions and ensure the compliance of intermediary liability laws with fundamental rights and the freedom to innovate.