Do Not Track legislation

The right to be forgotten is to ensure that digital information is not available with a personal reference permanently available. The right to be forgotten is sometimes shortened and inaccurate as a " right to be forgotten " means (English: "Right to be forgotten "). Because applies to the right to electronically stored data, one also speaks of " digital eraser ".

The right to be forgotten is due to the legal and political scientist Viktor Mayer- Schönberger. He proposes to equip electronically stored information with a process or expiration date. After that date, the information on the application or the operating system should be automatically deleted.

Legal regulations

Currently, the right to be forgotten is not specifically regulated by law. The data protection laws contain only provisions to the conditions under which personal data are to be deleted.

Europe

2011 Mayer- Schönberger's approach, however, was taken up by the European Commission, which took up the right to be forgotten and deletion in their plans for a EU data protection reform. Proposed by the Commission Data Protection Regulation is to contain a similar provision. In the explanatory memorandum of the draft regulation states:

" Each person should [ ... ] one, right to be forgotten ' [ have ] when storing their data is done in violation of the regulation. In particular, persons concerned should have the right to have their personal data will be deleted and not processed further if have obviates the purposes for which the data were collected, if the persons concerned shall withdraw their consent to the processing or object to the processing of they have inserted personal data or if the processing of their personal data for other reasons has been made in violation of the regulation. This right is particularly important in cases where the data subject has given his consent in childhood and thus associated with the hazards during processing could not foresee in full and the data - especially data stored in the Internet - want to delete later. [ ... ] In order to obtain more validity to that right to be forgotten ' in the network should go the right to delete such an extent that a, has the duty of a data controller who has made the personal data public, third parties, these data process to notify that a person requires the removal of links to these data or copies or reproductions of this data. [ ... ] "

The draft of the European Commission not to the extent on the approach by Viktor Mayer- Schönberger a, preventively to provide each file with a lifetime. Instead, a strengthening of privacy is meant principles of informal self-determination and the purpose of the data processing.

Further, the design involves a information of any third party, unless a person requests the deletion of this data:

" Has to in paragraph 1 [Reasons of applying ] called the data controller made ​​the personal data public, he undertakes in relation to the data for their publication, he is responsible, all reasonable steps, including technical, to third parties, the process data, to inform the person concerned of his demands them to delete all references to such personal data or copies or replications of these data. If the data controller a third party authorized the publication of personal data, the responsibility lies with the data controller. "

The right has been removed for the vote on 21 October 2013, the draft and limited to the right to delete.

Germany

In Germany there is no explicit right to be forgotten. The data protection principles of data minimization and data reduction and the Informational self-determination, however, go back to the same approaches and are regulated by law in the Federal Data Protection Act. Next, there are legal regulations on storage life of crime.

Case Studies

The Internet phenomenon Techno Viking was filmed in July 2008 at a techno parade 2008 and on the Internet on YouTube uploaded. It shows a scantily clad man who dances to techno music. 2009 started a dispute between the dancer and the cameraman Matthias Fritsch. On 30 May 2013, the Berlin district court ruled that the dancer a claim to enjoin dissemination of video and merchandising products deserve because he has expressly consented to the disclosure. Although Mr. Fritsch after the came, the video is still available today through various portals.

Criticism

In January 2012, designated the former national chairman of the Pirate Party, Sebastian mink, the European Commission's plans for the right to be forgotten as naive. The Internet economy is to be creative in order to can be spoon-fed.

Ilse Aigner, Federal Minister of Food, Agriculture and Consumer Protection, the Commission's reasoning welcomed in principle. However, the right to be forgotten should not lead to the expression and press freedom is restricted. Newsrooms should not be obliged to bring actions of individuals to delete items from the archives.

Technical implementation

Technically, could the right to be forgotten by software like X- pire! be realized. Due to the complicated and paid organizational implementation of the software is considered as a stillbirth. The basic principle of Digital Rights Management ( DRM) is further in the discussion.

Particularly challenging is the prevention of copies of personal data (eg screenshots ) and their distribution on the Internet.