The Right to be Forgotten

by Paul Lambert

Overview

Longlisted for the 2022 Inner Temple Main Book Prize

The Right to be Forgotten is one of the most publicised areas of the GDPR and has received massive worldwide publicity following judicial and legal developments in Europe. Individual data regulators have increased powers and importance in dealing with RtbF rights for individuals, and it is more important than ever for them to be up to date. The new, second edition, is fully updated to include:

- the increasing importance of the role of RtbF in relation to media content (newspapers and television media in particular).
- the evolving jurisprudence in terms of RtbF generally, especially in light of increased understanding of the GDPR RtbF and the landmark Google Spain RtbF case.
- the recent Google France case.
- the potential for group actions, class actions, and litigation funding, in relation to RtbF issues

Product Details

ISBN-13:	9781526521934
Publisher:	Bloomsbury Academic
Publication date:	08/15/2022
Edition description:	2nd ed.
Pages:	568
Product dimensions:	6.00(w) x 9.80(h) x 1.40(d)

About the Author

Dr Paul Lambert BA LLB LLM, TMA, CTMA, Adjunct Professor (Information Technology Law Institute), Qualified Lawyer, PhD, CDPO, Senior Consultant, has been publishing articles in legal and business jourbanals on topics such as data protection, internet, intellectual property and courtroom broadcasting for many years (including the European Intellectual Property Review). He has published books in the US and Europe and spoken and written, and been interviewed, on these issues in the US, Europe and Asia.

Table of Contents

Part A Background
Chapter 1 The Problem of Time
Chapter 2 Big Bang
Chapter 3 Problems Facing Individuals
Chapter 4 Online Tools
Chapter 5 Legal Backdrop
Chapter 6 The Parties of Data Protection
Chapter 7 Forgetting and Other Rights
Chapter 8 Enhanced Regime
Chapter 9 Responses
Chapter 10 Practical Issues Facing Individuals
Part B Right to be Forgotten: The Details
Chapter 11 The Right
Chapter 12 The RtbF Rights and Streams
Chapter 13 Additional RtbF Obligations
Chapter 14 Exemptions
Part C Official Guidance
Chapter 15 The WP 29 Guidance on Google Spain
Part D EU Case Examples
Chapter 16 EU Case Law Examples
Part E National Case Law
Chapter 17 National Case Law: United Kingdom
Chapter 18 Successful UK RtbF Case – NT2
Chapter 19 Unsuccessful UK RtbF Case – NT1
Chapter 20 ICO and the RtbF
Chapter 21 UK Law
Chapter 22 UK Brexit and Data Protection
Part F Additional Cases
Chapter 23 Additional Cases
Part G Media Issues
Chapter 24 Media
Part H Additional Solutions: Options to Consider
Chapter 25 Potential Additional Solution
Part I Impact, Commentary and Future
Chapter 26 Conclusion: Impact and Future
Appendices
Amanda Todd Transcript
Google Spain: Reference to Legal Provisions

Editorial Reviews

My initial reaction to a 500+ page textbook only about The Right to be Forgotten was to wonder what on earth there was to talk about. However, having reviewed Paul Lambert's text and seen what a thorough account he has provided on the subject, this makes more sense. As well as tracking the history of the original Google Spain Case (a case in which Bristows was heavily involved), Lambert also considers the development of the modern commercial internet, including social media in particular, and the growing need for individuals to be able to manage their online presence in certain situations. The advent of 'revenge porn' is a good example of this, which the book covers in a reasonable amount of detail. The impact of GDPR is also looked at closely, as well as the way in which it has developed and modified the RtbF as originally seen in the Google Spain case. Moreover, various national cases that have looked at the RtbF are described and analysed, with the UK's NT 1 and NT2, deserving of a chapter each. The impact of RtbF on the media – a highly contentious area – is also looked, as is the potential impact of Brexit. Overall, this is a solid piece of work that will provide a useful resource for anyone involved in weighing the respective rights of privacy and data protection and freedom of expression and other, competing rights.” —Bristows Law Firm

From the Publisher