March 16, 2020

#33 Can I Just Disappear? The Privacy Right to Be Forgotten.

In Europe, the right to privacy is considered a basic and fundamental human right, and allows individuals to request that personal data about themselves be erased or deleted – what has been termed the “right to be forgotten.” How do European privacy rights compare with American ones, and will there ever be an American “right to be forgotten” similar to the one in Europe? Data protection law experts Melanie Teplinsky and Mehboob Dossa join Kayla Odom and John Roberti to discuss how this right is being exercised in the EU and to explore from both American and European perspectives how the individual’s right to privacy can be balanced with the public’s right to access. Listen to this episode to learn more about how the principles of privacy law differ across the Atlantic, and how they can be harmonized.

Listen to the episode

Speakers

Melanie Teplinsky // Adjunct Professor // American University Washington College of Law

Mehboob Dossa // Governing Partner // McGuireWoods London

Related Links:

EU General Data Protection Regulation (“GDPR”), Article 17, Right to Erasure (‘Right to be Forgotten’) (effective May 2018)

Court of Justice of the European Union, Press Release No. 112/19, Google LLC v. Commission nationale de l’informatique et des libertés (CNIL) (Sept. 24, 2019)

Court of Justice of the European Union, Press Release No. 128/19, Eva Glawischnig-Piesczek v. Facebook Ireland Limited (Oct. 3, 2019)

U.S. Children’s Online Privacy Protection Rule (“COPPA”)

California “Eraser Button Law” (SB 586) (effective January 1, 2015)

California Consumer Privacy Act (“CCPA”)

Hosted by:

John Roberti, Partner, Allen & Overy and Kayla Odom, Associate, Freitas & Weinberg