Best We Forget: Expressive Freedom and the Right to be Forgotten

Authors: 

Maryna Polataiko, McGill Faculty of Law

Abstract: 

The right to be forgotten is often framed as being at odds with the freedom of expression. This paper aims to challenge that position. First, I briefly summarize Google Spain as an introduction to the right to be forgotten. Next, I review recent cases in the Canadian jurisprudence and argue that they potentially set the stage for a Canadian right to be forgotten. I then turn to an analysis of how the right to be forgotten is consonant with the three core purposes of the freedom of expression: democracy and self-government, the search for the truth and the marketplace of ideas, and individual autonomy and self-actualization. Given the Canadian Supreme Court’s acceptance of the core justifications of expressive rights in the Charter jurisprudence, I suggest that constitutional considerations of the right to be forgotten be enriched by an understanding of how forgetting bolsters expressive freedom in the digital age.

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BibTeX
@inproceedings {205926,
author = {Maryna Polataiko},
title = {Best We Forget: Expressive Freedom and the Right to be Forgotten},
booktitle = {7th {USENIX} Workshop on Free and Open Communications on the Internet ({FOCI} 17)},
year = {2017},
address = {Vancouver, BC},
url = {https://www.usenix.org/conference/foci17/workshop-program/presentation/polataiko},
publisher = {{USENIX} Association},
month = aug,
}