Eric Tjong Tjin Tai, ‘The Right to Be Forgotten – Private Law Enforcement’

Abstract:
Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life examples show, enforcement is mostly feasible but may be costly. The right to be forgotten is most effective against large, bona fide corporations. This analysis provides a more realistic view of the possibilities of private law enforcement of newly proclaimed rights.

Tjong Tjin Tai, Eric, The Right to Be Forgotten – Private Law Enforcement (April 25, 2017). International Review of Law, Computers and Technology, 30/1-2 (2016), p. 76-83. DOI: 10.1080/13600869.2016.1138628); Tilburg Private Law Working Paper Series No 4/2017.

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