Chile and the Right Not to Be Forgotten

• In Event: The Right to Speak and the Right to Remain Private

Abstract

The so-called “right to be forgotten” has generated much heat, but less light, in recent months. The Court of Justice of the European Union held in May 2014 that Google must erase from its search-engine results, upon request, information that is “no longer necessary in the light of the purposes for which [it was] collected….” But this paper argues that a privacy-based right to be forgotten is inadequate and undesirable. A better solution is found in the right to benefit from scientific progress in Article 15 of the International Covenant on Economic, Social and Cultural Rights.

Authors

• Edward L. Carter, Brigham Young U

• Karen Connell, Brigham Young U