Taylor, Isabel. "Data Protection Versus Archival Memory: The Evolution of the Draft European General Data Protection Regulation," in Mousaion 31:3 (2013), p. 36-56.
Existing Citations
privacy (p. 38): There is a potential conflict between individual rights to privacy and collective rights to memory. (†1922)
right to be forgotten (p. 46): The right to be forgotten in Article 17, which requires a data controller to erase the data subject’s personal information upon request, does not apply when retention of the data is necessary for historical, statistical and scientific research purposes in accordance with Article 83, consistent with Recital 53 (Reding 2012:52). Yet the right to rectification in Article 16 (the data subject’s right to have data corrected) is expressed as absolute, without exceptions for research or any other purposes (Reding 2012:51). This could allow data subjects to require corrections to archival records after they have been arranged and described, with profound practical and theoretical consequences: for example, the principles of provenance and the archival bond, distinguishing features of archival practice, would be fatally undermined. (†1920)
right to be forgotten (p. 37): Although the phrase ‘right to be forgotten’ was first pioneered in Mayer-Schönberger’s (2009:171–175) book, the right as incorporated in the draft Regulation differs from the expiry dates on information that he suggested. It is important to note that while the droit à l’oubli (right to oblivion) is an aspect of personality rights in civil law systems and has influenced the notion of the right to be forgotten, the contents of the two rights is not identical (Siry & Schmitz 2012:4; Weber 2011:121–122). (†1921)
