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The Right to Be Forgotten in the European Union and Russia: Comparison and Criticism

Author

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  • Ruslan Nurullaev

    (National Research University Higher School of Economics)

Abstract

On 14 July, 2015 the Russian President signed Law No. 264-FZ which grants Russian citizens the right to request the delisting of search results which link to inaccurate or irrelevant information about them (“the right to be forgotten”).This paper discusses the decision of the Court of Justice of the EU in Google Spain v. Agencia Espanola de Proteccion de Datos (AEPD) and Mario Costeja Gonzalez, the case which inspired Law No. 264-FZ, and compares implementation of the right to be forgotten in the EU and Russia. It is found that the Russian law was created as a sui generis right, and fails to account for the right of the general public to find and access information online. Other discrepancies include a wider scope of the right to be forgotten, rigid requirements for processing removal requests and the prohibition to disclose any information about such requests.

Suggested Citation

  • Ruslan Nurullaev, 2015. "The Right to Be Forgotten in the European Union and Russia: Comparison and Criticism," HSE Working papers WP BRP 54/LAW/2015, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:54/law/2015
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    File URL: http://www.hse.ru/data/2015/10/05/1077099117/54LAW2015.pdf
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    More about this item

    Keywords

    Costeja; European Union; Google Spain; information intermediaries; internet; internet service provider liability; internet service providers; personal data; the right to be forgotten.;
    All these keywords.

    JEL classification:

    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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