What Is the Right to Be Forgotten?
The right to be forgotten is a principle allowing individuals to find outdated, irrelevant, or harmful personal information that is not displayed in internet search results and digital platforms. In the EU, it is recognized under GDPR Article 17; in the U.S., it has limited application outside of specific contexts like NCII.
The right to be forgotten was established as a fundamental principle in European data protection law and codified in GDPR Article 17. It enables EU residents to request that search engines and platforms not display links to information about them under specified conditions. In the United States, no equivalent general principle exists. First Amendment protections limit the scope of these rights. However, specific NCII statutes create a sector-specific right to find and report intimate imagery: victims have the ability to request non-display that platforms must consider within a designated timeframe.
Key facts about this term
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EU residents can request data not to be displayed under GDPR EU residents can request that personal data, including images, be excluded from search results and platforms under GDPR Article 17. The right is not absolute but applies broadly to outdated or unnecessary data.
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U.S. residents have NCII-specific data non-display rights Specific NCII statutes establish a sector-specific right regarding intimate imagery. While narrower than GDPR, it applies specifically to the most harmful category of content.
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Google has processes for managing intimate images Google's request tool allows victims to seek non-display of intimate images from search results. This is a separate process from other measures but works alongside them.
Frequently asked questions
Can I use GDPR to affect content on U.S. platforms?
GDPR applies to EU residents and entities processing EU residents' data. Some U.S. platforms honor GDPR requests for EU residents. For U.S. residents targeting U.S. platforms, local laws are more relevant.
Does non-display from a platform also prevent it from appearing on Google?
Not automatically. Platform non-display and search result exclusion are separate processes. ScanErase assists with identifying exposures, while Google requests must be submitted through Google's specific tools.
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