Is the right to be forgotten a law?

Asked by: Mr. Ryann Aufderhar Jr.  |  Last update: January 28, 2026
Score: 4.9/5 (8 votes)

Yes, the "right to be forgotten" (also known as the right to erasure) is a law in the European Union, established under the GDPR, allowing individuals to request the deletion of personal data, though it's not absolute and balances against freedom of expression. In the United States, it is generally not recognized as a federal law due to First Amendment protections for free speech, but some states are exploring similar concepts.

Is the right to be forgotten legal?

Currently, there is no legal standard for the right to be forgotten, but if implemented, this would mean that citizens no longer need to file a case in order to request for information from search engines to be removed.

How long does it take to comply with the right to be forgotten?

How long do we have to comply? You must respond to a request for erasure without undue delay and at the latest within one month, letting the individual know whether you have erased the data in question, or that you have refused their request.

Why doesn't the US have the right to be forgotten?

In the United States, given the country's emphasis on First Amendment freedoms, it may seem unlikely that a court would ever recognize this right (much less so now that the EU has eliminated the international implications of its own law, as noted above).

Is the right to be forgotten in the First Amendment?

In the United States, no such right to be forgotten exists. Many scholars have argued that such a right is irreconcilable with the First Amendment and American notions of free speech, noting that European law places a higher premium on privacy over free speech than the American constitution will allow for.

Privacy Law and the right to be forgotten: Three Minute Lectures

44 related questions found

What is the difference between the right to be forgotten and the right to erasure?

This right is actually called the "right to erasure" in the GDPR. However, it is commonly referred to as the right to be forgotten nonetheless. The concept of a right to be forgotten predates the GDPR and has been invoked in previous legal cases.

Did the founding fathers put God in the constitution?

No, the U.S. Constitution does not explicitly mention God or a supreme being in its main text, a deliberate choice by the Founding Fathers to establish a secular government and protect religious freedom, though it does contain a date reference ("Year of our Lord") and the First Amendment prevents religious tests for office, reflecting a consensus on separation of church and state despite their personal faith. 

What states have the right to be forgotten?

California's Eraser Law

The law provides California minors with a narrow but significant “right to be forgotten.” California minors may now “remove or request and obtain removal of content or information” they posted on an operator's website, application, or online service.

What right is not mentioned in the U.S. Constitution?

The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, and the right to keep personal matters private.

What was the biggest disagreement about over the Constitution?

A central issue at the Convention was whether the federal government or the states would have more power. Many delegates believed that the federal government should be able to overrule state laws, but others feared that a strong federal government would oppress their citizens.

How to invoke the right to be forgotten?

Right to be forgotten request template

  1. RIGHT TO ERASURE REQUEST FORM.
  2. SECTION 1: Details of the person requesting information.
  3. SECTION 2: Are you the data subject?
  4. SECTION 3: Details of the data subject (if different from section 1)
  5. SECTION 4: Reason for erasure request.
  6. SECTION 5: What information do you wish to erase?

What is the maximum time to respond to SAR?

Organisations normally have one month to reply to your request.

How do I delete my personal information from the internet?

Removing your information from the internet involves manually contacting websites, using search engine removal tools (like Google's tool), deleting old accounts, and using professional removal services; it's a continuous process requiring you to find data brokers, opt-out of services, and regularly check for re-listing, starting with deleting social media and unused apps and adjusting privacy settings. 

Are unenforced laws still laws?

An unenforced law (also symbolic law, dead letter law) is a law which is formally in effect (de jure), but is usually (de facto) not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them.

What is the general idea behind the right to be forgotten?

The Right to Be Forgotten is a legal principle that enables individuals to request the removal of certain links and information about their past from internet search results.

Does the right to be forgotten have monetary consequences?

The right to be forgotten could make Facebook and Google, for example, liable for up to two percent of their global income if they fail to remove photos that people post about themselves and later regret, even if the photos have been widely distributed already.

What is an example of a violation of the Constitutional rights?

Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...

Is the 8th amendment still relevant today?

Today, the Eighth Amendment remains a crucial safeguard against governmental abuse of power. Its historical roots in English traditions are one key reason it upholds human dignity principles in American society.

What is not protected by the Constitution?

The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words.

Which state has the strictest laws in the US?

Top Five Most Regulated States by Number of Restrictions (2022)

  • California – 403,774.
  • New York – 298,804.
  • New Jersey – 286,933.
  • Illinois – 279,147.
  • Texas – 273,106.

Why was the right to be forgotten RTBF enacted?

Right to Be Forgotten History

The RTBF as a concept grew out of the long held belief that after a certain amount of time, a person's past should not be regarded when they seek employment. With the advent of the internet and indexed search engines (like Google), those types of records became more accessible.

What are the pros of the right to be forgotten?

The right to be forgotten offers a unique pathway to true data privacy for U.S. consumers, balancing the need for individuals to control their digital legacies and safeguarding sensitive information in an ever-connected world.

What did Albert Einstein say about Christianity?

Albert Einstein viewed traditional Christianity and organized religion as "childish superstitions" and "primitive legends," rejecting the concept of a personal God who rewards and punishes, but expressed deep awe for the universe's rational structure, aligning with a cosmic religious feeling often linked to Spinoza's God, a non-personal divine harmony. He described himself as an agnostic and was uncomfortable with being labeled an atheist, preferring to focus on ethical principles and the mystery of existence rather than dogma.
 

Did all 613 laws come from God?

Yes, the 613 mitzvot (commandments) in Judaism are traditionally considered to have been given by God to Moses at Mount Sinai, forming the core of the Torah, though the Bible doesn't explicitly state the number 613; Jewish tradition, particularly Maimonides' work, compiled and enumerated them from the texts of the Torah, with the Ten Commandments serving as a summary of these broader laws. The exact list and interpretation vary, with some laws being ceremonial, moral, or judicial, and not all are applicable today. 

What did Benjamin Franklin say about Jesus?

Benjamin Franklin admired Jesus's moral teachings, calling His system "the best the world ever saw," but had doubts about His divinity, though he didn't dogmatize on the matter, focusing instead on Jesus's ethics of doing good as exemplified in his own 13 virtues, blending classical wisdom with Christian principles for a practical, virtuous life. He valued the actions and morals of Jesus (like humility) over strict dogma, seeing revealed religion as less important than virtuous conduct for societal good.