There are none that are definitively approved. The notion of the right to be forgotten is very recent and the scope of that right only became a concern afterwards. However, a true judicial basis could exist in the near future at a European level.
In practical terms, the term right to be forgotten appears only in a single text: the proposition of regulation from the European Parliament on January 25, 2012, relating to the issue of personal data. Article 17 is dedicated to that and its name is “The right to be forgotten and deleted digitally.”
This provision is not yet in force in Europe.
Warning: the right as imagined by the creators of the document is different than the one the general public has come to acknowledge since June 2014.
The projected regulations are targeted specifically at the “deletion” of personal data, and focuses in particular on the data made available when the person in question was a child. (Remember: the “right to be forgotten” as conceived by the judgment of the ECJ is intended to enable individuals to submit a request directly to a search engine for the deletion of the text concerned)
What exactly does Article 17 provide?
The major contribution of this provision would be to better specify the conditions that need to be met in order to obtain the deletion of personal data and, by contrast, the reasons for which a person’s request would be denied.
Finally, the article provides that the controller must take all reasonable measures to inform third parties who deal in information that they have been the subject of such a demand. This applies to copies as well as reproductions.
The article fueled heated debates, with certain people arguing that it especially disregards the necessity to remember, thereby delaying partially the adoption of the text. This is currently in the discussion phase.
The articulation of the decision of the European judges in terms of the wording of the text therefore remains to be seen. It is very interesting to note that, whether it is yes or no, the influence of that cornerstone decision will have an influence on the final rendition of European regulations.
Last update: 2014-11-13