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The Right to Erasure: an (edited?) history

22 July 2020
Issue: 7896 / Categories: Features , Privacy , Human rights
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The evolution of the right to erasure & how it is now being used in practice, by Alex Keenlyside & Hannah Crowther
  • 2014: the CJEU establishes a ‘right to be forgotten’.
  • 2018: the GDPR introduces a ‘right to erasure’.

It’s been over six years since the Court of Justice of the European Union (CJEU) first established a ‘right to be forgotten’ in 2014, in the fight by Mr Costeja to have links to news articles about his bankruptcy de-listed from Google Search results (Google Spain SL and another company v Agencia Espanola de proteccion de Datos (AEPD) and another, [2014] All ER (D) 124 (May)). Then, in 2018, the GDPR introduced the far more expansive (if rather less poetic) ‘right to erasure’, exercisable against any controller. In this article, we consider the evolution of the right in the UK, and how it is now being used in practice.

In Costeja, the CJEU decided that news articles and other content, even if lawfully published online, should

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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