This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today's world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.

Presents a comparative legal analysis of the present state and potential future of the right to be forgotten in 17 countries spanning North America, South America, Europe, and Asia Offers the most recent legal and sociological analysis of the divergence between the American and European conceptions of the right to be forgotten, its legal underpinnings and how these growing divergences operate in practice Provides deep insights into the origins and the present and future relevance of the right to be forgotten in a rapidly globalizing and information-flat world economy

Autorentext

Professor Dr. Franz Werro shares his life between the Faculté de droit of the University of Fribourg (Switzerland) and Georgetown Law (Washington, DC). He teaches and researches in different fields of private law, including the law of contract, privacy law, European private law and comparative law. He was a visiting professor at the Cornell Law School (Ithaca, NY) and at a number of European Law schools, including the Universita degli Studi di Trieste (Italy), the Scuola Superiore Santa Anna in Pisa (Italy), the University of Pau (France), the University of Bordeaux (France), the International University College of Torino (Italy), the Bucerius Law School in Hamburg (Germany), the Sorbonne in Paris (France), the Tel-Aviv University (Israel) and Hebrew University (Israel). In addition, Professor Werro acts as an arbitrator and as a consultant in Swiss and international commercial disputes. Since 2014, he has served as served as one of the Editors-in-Chief of the American Journal of Comparative Law.

Inhalt

The Right to be Forgotten: The General Report Congress of the International Society of Comparative Law, Fukuoka, July 2018.- Part I Europe.- Le droit à être oublié en droit belge.- The right to be forgotten in the Czech Republic.- The Right to Be Forgotten.- Finland: The Right to Be Forgotten.- Germany: the Right to Be Forgotten.- The Right to Be Forgotten in Ireland.- The Right to Be Forgotten.- The Right To Be Forgotten in Romania Before and After the ECJ Judgment in GOOGLE v. GONZÁLEZ.- The Right To Be Forgotten in the UK A Fragile Balance? .- A Turkish Law Perspective on the Right To Be Forgotten .- Part II Americas.- Argentina: The Right To Be Forgotten.- The Right To Be Forgotten According to the Brazilian Precedents.- Le dereferencement a l'ere numerique une approche hybride pour faire le pont entre la vision europeenne et americaine du « droit a l'oubli .- Part III Asia.- A Japanese Equivalent of the Right To Be Forgotten: Unveiling Judicial Proactiveness to Curb Algorithmic Determinism.- Limits and Prospects of The Right To Be Forgotten in Taiwan.