[Excerpt from work in progress…]
It seems fair to say that the title of the proposed provision – the Right to be Forgotten and to Erasure – is ill-conceived. It has led to largely unfounded fears of critics and overblown hopes among enthusiasts. It was used as a well-resonating political slogan, consolidating the general demand for more control over personal data in today’s information society. As Google’s European head of privacy sharply remarked, the provision can be compared to a Rorschach test: “people can see in it what they want.” It would indeed be more desirable if the terminology would be abandoned in the final text, sticking to the more accurate – and existing – ‘right to erasure’ vernacular. But even then, the application of this right will not be as straightforward as its name suggests.