Katsirea, I. orcid.org/0000-0003-4659-5292 (2018) Search engines and press archives between memory and oblivion. European Public Law, 24 (1). pp. 125-146. ISSN 1354-3725
Abstract
Search engines’ comprehensive digital memory has led to a desire for greater informational self-determination. The seminal judgment in Google Spain gave impetus to the development of data protection law as the preferred legal remedy for claimants who seek to erase their digital past. This article argues that the ‘right to be forgotten’ is a contourless and illconceived right, which can apply to a variety of markedly dissimilar cases, while paying insufficient regard to the fundamental rights of search engine users, website publishers and of the search engines themselves. Even though the decoupling of names from search results does not interfere with the original expression, it is intended to suppress this expression by drastically reducing its findability and hence its significance in the digital age. Search engines, with their intransparent modus operandi, are entrusted to unravel the Gordian knot between data protection and freedom of expression. But as the ‘right to be forgotten’ begins to cast its overly broad net over press archives, the Gordian knot risks tightening further.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2017 Kluwer Law International. This is an author produced version of a paper subsequently published in European Public Law. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Data protection; privacy; freedom of expression; search engines; press archives; right to be forgotten; rehabilitation of offenders |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > Department of Journalism Studies (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 09 May 2017 11:56 |
Last Modified: | 26 Jul 2018 09:31 |
Published Version: | http://www.kluwerlawonline.com/abstract.php?area=J... |
Status: | Published |
Publisher: | Kluwer Law International |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:115912 |