The Right to Erase Data

The Internet has become a platform of societal intercourse: an information repository, communication tool, commercial-space, and a location for self-brand promotion. Yet unlike in the past, information on societal intercourse is no longer ephemeral, the digital ones and zeros produced from these interactions are permanent, creating a digital fingerprint of each individual user in cyberspace. On their own, personalized bits of data are not particularly useful, and only appear to provide relatively esoteric indicators of a particular individual. Big data analytics, however, correlates flows of data and provides insights derived from behavior science. This information generated about individuals allows corporations and government entities to predict and model human behavior.

Personal big data can be a societal boon, helping to facilitate healthier living, smarter cities, and increasing web simplification through personalization. However there is a darker underbelly to the accumulation of this information. Personal data (clicks, keystrokes, purchases, etc.) are being used to create hundreds of inaccessible consumer scores, ranking individuals on the basis of their perceived health risk, lists of occupational merit, and potential propensity to commit fraud. Moreover, as recent leaks of celebrity photos illustrate, Internet privacy is no longer a guarantee. Information that is meant to remain in the private sphere is slowly leaking into the public sphere, challenging previously conceived notions of civil liberty. In order to curb the tide of cyber intrusions, the individual right to erase data must be enacted.

The European Court of Justice ruled in 2014 that citizens had the “right to be forgotten” — they ruled in favor of citizen right’s to privacy. As today is Data Privacy Day, perhaps it is time for the US to stand up and create their own variant of this law, a uniquely American law that allows American citizens the right to erase data— the right to ensure their privacy.

CReST Proposed Language: 

“Any person has the right to erase personal data that they identify as a breach of their privacy. Data erasure may be requested to and arbitrated by the search engine that publishes the data online. If erasure is justified then the search engine must erase any links or copies of that personal data in a timely manner. The search engine is responsible for the removal of authorized 3rd party publication of said data.”

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