The Right to be Forgotten

By: Paul Lambert
ISBN: 9781526510105

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About The Right to be Forgotten

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. The book covers the Right to be Forgotten, Erasure and Forgetting, Data Protection, GDPR, the Data Protection Act 2018 and Brexit. The Google Spain case received worldwide media attention and legal interest, and cases and disputes on the Right to be Forgotten... Read more

Review

With “Right to be Forgotten – Interpretation and Practice Textbook”, Paul Lambert goes well beyond the legal analysis of the right to be forgotten that can be found in the current literature. For the first time the reader gets a comprehensive approach to the problem of data processing and management across long periods of time and how it connects with the will of data subjects that such processing and disclosure be erased and thus forgotten. Dr. Lambert addresses the legal problem starting from a societal approach of great importance reflected on chapters one to three. This is key to understanding how the need to be forgotten came to be an important legal issue of our time and how it influenced the law. The author then proceeds to analyze the legal framework and regime for the right to be forgotten with great detail and special attention to its caselaw origins at the CJEU but without forgetting national case law and the guidance of the Article 29 Working Party. This is done with clear language and practical examples to illustrate analysis. Paul Lambert’s “Right to be Forgotten – Interpretation and Practice Textbook” immediately ranks as fundamental work regarding this new and important right and constitutes an important tool for any operator in the privacy and data protection ecosystem.

Domingos Soares Farinho, Professor, University of Lisbon School of Law

The internet allows our misdemeanours and mistakes to come back to haunt us. Digital footprints are visible long after the storm has past and human interest has waned. The right to be forgotten balances this out by enabling some people to wipe the digital slate clean. The right is still in its infancy and finding its feet however and Paul Lambert’s book provides what every data protection lawyers really need right now, that is a clear and simple exposition of how the right can be contextualised and put within the broader data protection framework.

Professor Phillip Johnson, Cardiff University

With this book, Paul Lambert achieved one of the very first, truly profound and up-to-date analyses to the Right to be Forgotten, dedicated not merely to the scope of Article 17 of the GDPR, but also to the path to its evolution, including the widely known ‘Google Spain’ decision of the European Court of Justice (often seen as a ‘Big Bang’), and national law developments, especially in the UK. Since digital memory never forgets and information merging progresses in somewhat alarming ways, manifesting itself in today’s threats – blackmailing, stalking, revenge porn, deep fakes, to name but a few – the author points out the strengths and weaknesses of this legal concept. This clearly structured book is therefore highly recommended to all those who would like to develop a deeper understanding of the necessities and different views going beyond Article 17 of the GDPR to approach the significance of a ‘digital amnesia’ which should by no means be underestimated.

Christopher Schmidt, Magister of Law, Data Privacy Specialist, certified CIPP/E, CIPM, CIPT, CBSA

An excellent deep dive into the Right to be Forgotten. I would recommend anyone working in privacy, especially within a technology environment, to read this.

Stuart Anderson, Managing Director, XpertDPO

Dr. Paul Lambert’s book succeeds in offering an astonishing and prescient examination of the privacy implications and consideration of the right to be forgotten in the digital age. The internet and technologies using personal data are built to remember and never forget, so the right to be forgotten not only explores ethical and legal questions but technical challenges as well. Dr. Lambert leaves no stone unturned in his examination of the right to be forgotten and offers a wide range of information about its ripple effects on privacy in the digital world as we know it.

Debbie Reynolds, EimerStahl

The “right to be forgotten” is an especially odd concept to those outside Europe, particular in nations that strike the balance between privacy and speech more in favor of the latter. Paul Lambert’s new book on the right is an invaluable guide. His comprehensive analysis does an excellent job placing the right in its legal, sociological, and technological context, which helps one understand how the right came to be. Equally valuable is his analysis of how the right will actually be implemented in practice. As the first work to deal with the right to be forgotten in such depth, Paul Lambert’s book will surely play a major role in shaping the ultimate contours of the right in national legislatures and courts. And the icing on the cake is that the book is a delightful and fascinating read.

John T Cross, University of Louiseville USA

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About The Right to be Forgotten

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.

The book covers the Right to be Forgotten, Erasure and Forgetting, Data Protection, GDPR, the Data Protection Act 2018 and Brexit. The Google Spain case received worldwide media attention and legal interest, and cases and disputes on the Right to be Forgotten are increasing.

Brexit issues in relation to data protection and the Right to be Forgotten are considered in this new title as a relevant component that may affect some of the contours of this new and expanding legal right.

Table of Contents

Part 1
Introduction
Chapter 1: Introduction
Chapter 2: Background
Chapter 3: Google Spain

Part 2
GDPR Right to Be Forgotten
Chapter 4: Introduction
Chapter 5: The GDPR
Chapter 6: The Right
Chapter 7: The Grounds
Chapter 8: Additional Obligations
Chapter 9: Exemptions
Part 3
National and Caselaw Examples
Chapter 10: National Caselaw
Chapter 11: EU and International Caselaw
Part 4
Plaintiff
Chapter 12: The Potential Plaintiffs
Chapter 13: Plaintiff Remedies
Chapter 14: The Plaintiff Action
Part 5
Defendant/Respondent/Intervener
Chapter 15: The Defendant/Respondent
Chapter 16: Defences
Chapter 17: The Intervener

Part 6
Media Issues
Chapter 18: Newspapers
Chapter 19: Broadcasters
Chapter 20: Other Claims to Media Status

Part 7
Additional Options
Chapter 21: Rectification
Chapter 22: Restriction of processing
Chapter 23: Notification obligation regarding rectification or erasure of personal data or restriction of processing

Part 8
Impact, Commentary and Future
Chapter 24: Impact
Chapter 25: Commentary
Chapter 26: Future Issues

Publishing Details

Publication Date: 25 April 2019
ISBN: 9781526510105
Binding: paperback

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