Michael Douglas ponders on the complications resulting from the digital eternity in his article Questioning the right to be forgotten. This complex subject is explored …show more content…
Firstly, he argues that the right to be forgotten comes down to conflicting fundamental rights – the right to access information and the right to privacy. Unlike the European Court of Justice, Douglas is not willing to compromise the freedom of expression for the sake of privacy. He sees the open internet as a measure to gain open discussion and, thus, an essential tool for reaching democracy. According to Douglas, access to information is also a way to make people better …show more content…
By forcing European search engines to remove links to information, the Court only reaches to solve the issue locally. Consequently, even though the search results are removed on a European level, the information is still there, perfectly reachable through other means. Undoubtedly, the European Union is aware of this. Douglas refers to guidelines issued by an EU Working party, demanding essentially that the holding of the European Court of Justice should be applicable worldwide. Douglas is positive this demand will lead nowhere, as the United States will not comply. Therefore the holding Gonzáles is simply inefficient.
The article does illustrate its point well and clear. Douglas emphasizes the importance of the right to access information as well as the consequences of its limitation. When claiming that the right to privacy should not surpass other fundamental rights, Douglas justifies his argument with citations from respected authorities president Barack Obama and philosopher John Stuart Mill. Moreover, it is a valuable point that the effects of the ruling are merely local. Indeed, this shows that the solution provided by the European Court of Justice is far from