The content and implications of the Right to be Forgotten: Confrontation between the European Union and the United-States.

Abstract

In the Google Spain-Costeja case the CJEU recognised fonnally a right to be forgotten. It revived the traditional debate on privacy v freedom of speech.

This thesis will first define the right to be forgotten from a theoretical point of view, using scholarly work. It will next demonstrate that the right to be forgotten fits intro broader personality rights such as the right to privacy and the right to personal identity.

Secondly, this study will consider the right to be forgotten in the United-States. It will show that it is not a new concept in the US. The United States will be compared to the EU jurisdiction, particularly its different approach to legislate privacy and its different ideology subordinated to First Amendment rights.

Thirdly, the thesis will focus on the European Union and present how the concept of the right to be forgotten has evolved throughout history. After analysing the CJEU landmark ruling, this thesis will examine its implications on the search engines. A case study on France will then demonstrate that the implementation of the right to be forgotten was highly expected in some of the European States.

Lastly, this thesis will assess the responsibility placed by the CJEU on the search engine's shoulders. They have a quasi-judicial role regarding the processing of delisting requests. The thesis will show that these multinational corporations have economic interests that do not encourage them to respect the right to be forgotten. The thesis will also deal with the controversial issue on the extra-territorial application of the right to be forgotten in the United-States.

The thesis will conclude that the European and American perspectives are not incompatible. However, the implementation of a European-style right to be forgotten in the US would be very difficult because of the strong hurdles. The shape of the right to be forgotten should change in order to establish a common right to be forgotten. It might be necessary to conclude an international treaty to harmonise State practice on the right to be forgotten.