The “right to be forgotten”Prepared byWilliam A. NyikuliJune , 2013An overview of Europe‟s new data protection initiatives
“…..the reform will give individuals better control over theirown data. I will include easier access to one‟s own data inthe new rules. People must be able to easily take theirdata to another provider or have it deleted if they no longerwant it to be used.”Viviane Redding, EU Commissioner, January 22, 2012
COM (2012) 9• January 25, 2012 official EU communication and report.• Goals: Individuals in control of their personal data andstrengthening national authorities.• Action areas: Data breaches, consistent EUenforcement (single market), law enforcement andbinding corporate rules.
Context• Philosophy: “American” privacy vs. “European” privacy.• Policy framework (communication policy model):Liberal-Market vs. Public Service/Interest
Recommendations• Capitalize on the transatlantic „special relationship‟.
Recommendation (continued)• Have European history and identity in mind.• Know that Europe needs to keep ahead of emergingmarkets.• View Europe as „one country‟ (UK?)
Recommendation (continued)• Emphasize on speech rights, rather than regulation.
Summary• „Right to be forgotten‟ to become law in 2014.• Legislation will be binding for US-based corporations.• Remember supranational trumps national for EU.• Push for a free speech and „open internet‟ debate.
Conclusion and Implications• “Why Google could start a trade war over Europe‟sprivacy rules” USA Today, March 22, 2013• “France Proposes an Internet Tax” New York Times,January 20, 2013• “NSA Prism program taps in to user data of Apple,Google and others” The Guardian, June 6, 2013
Further ReadingBlog: http://wanyikuli.wordpress.comPolicy Brief: [………..]E-Mail: WANyikuli@gmail.comThank you.