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22 July 2020
Issue: 7896 / Categories: Features , Privacy , Human rights
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The Right to Erasure: an (edited?) history

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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,

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MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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