Juxtaposing Right to be Forgotten and Copyright Law

Aseri, Ankita

Abstract

Privacy plays a pivotal role in the life of the people. Internet governs every aspect of a person’s life. It is significant to see what information is available on the Internet about an individual as that sculptor the digital image of that individual. At any point in time, “we have wished to erase some part of information related to us on the Internet. It may not have been foreseen when the Internet was invented but it is now a right conferred to the European Union citizens. Right to be forgotten has been codified and given judicial recognition. The right places a substantial burden on the data controller to assess whether a take down request should be accepted or not. Usually, the pictures used in revenge porn are selfies and the victim owns a copyright in the image. In this research paper, the researcher has made an attempt to analyze the interface between Copyright law and the right to be forgotten. Further, the researcher has analyzed the implications of the use of the right to be forgotten and copyright law to combat revenge porn. The research paper will also include the judicial precedents to provide more clarity on the current position along with principles of legal philosophy.

Keyword(s)

Copyright Laws; European Union; Digital Millennium Copyright Act; GDPR Regulations; Internet archives; Data protection

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