What Is the Right to Be Forgotten?

The right to be forgotten was established as a fundamental principle in European data protection law and codified in GDPR Article 17 as the 'right to erasure.' It allows EU residents to request that search engines and platforms remove links to information about them under specified conditions. In the United States, no equivalent general right exists — First Amendment protections limit the scope of erasure rights. However, specific NCII statutes, including the TAKE IT DOWN Act, effectively create a sector-specific right to be forgotten for intimate imagery: victims have a right to demand removal that platforms must honor within 48 hours.

Key facts about this term

1. EU residents have broad erasure rights under GDPR EU residents can request removal of personal data — including images — from search results and platforms under GDPR Article 17. The right is not absolute but applies broadly to outdated or no-longer-necessary data.
2. U.S. residents have NCII-specific removal rights The TAKE IT DOWN Act creates a sector-specific right to remove intimate imagery regardless of copyright or other claims. It is narrower than GDPR but applies specifically to the most harmful category of content.
3. Google has voluntary erasure processes for intimate images Google's removal request tool allows victims to request removal of intimate images from search results. This is separate from the Section 223a notice process but complementary.