February 28, 2020 Feature

The Right to Be Forgotten

By Dan Shefet

Among the clear contrasts between emerging U.S. data law and the fabric evolving in the wake of the adoption of the GDPR in the EU is the important concept of a “right to be forgotten”—an ability to expunge any reference to an individual from a data set, whether governmental, commercial, or in the custody of some other institutional data steward. Divergent views and statutory expressions of data “ownership” and the associated responses of the legal communities pose challenges.

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