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A child’s right to be forgotten : letting go of the past and embracing the future?

Eva Lievens (UGent) and Carl Vander Maelen (UGent)
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Abstract
The European Union’s General Data Protection Regulation confirms the right of the data subject to have his or her personal data erased in its Article 17. Recital 65 GDPR clarifies that this right is particularly relevant where children have given their consent not being fully aware of the risks involved by the processing, and later want to remove personal data, especially on the Internet. Yet, the right to erasure is not absolute. When processing is necessary for a number of legitimate reasons, such as for the exercise of the right to freedom of expression and information, the right to erasure will not apply. This article seeks to explore the right to erasure from a dynamic child rights perspective, and aims to identify a number of challenging questions that may arise in practice, and that are related to the balance with other rights and interests, the required transparency, the potential to ask for erasure where others (for instance, parents) have shared information about the child or given consent on behalf of the child, the desirability of erasure-by-default systems, and enforcement by data protection authorities.
Keywords
Right to be forgotten - Right to erasure - General Data Protection Regulation - Child - Children's rights - Data protection - Freedom of expression - Data Protection Authorities

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Citation

Please use this url to cite or link to this publication:

Chicago
Lievens, Eva, and Carl Vander Maelen. 2019. “A Child’s Right to Be Forgotten : Letting Go of the Past and Embracing the Future?” Latin American Law Review (2): 61–79.
APA
Lievens, E., & Vander Maelen, C. (2019). A child’s right to be forgotten : letting go of the past and embracing the future? LATIN AMERICAN LAW REVIEW , (2), 61–79.
Vancouver
1.
Lievens E, Vander Maelen C. A child’s right to be forgotten : letting go of the past and embracing the future? LATIN AMERICAN LAW REVIEW . 2019;(2):61–79.
MLA
Lievens, Eva, and Carl Vander Maelen. “A Child’s Right to Be Forgotten : Letting Go of the Past and Embracing the Future?” LATIN AMERICAN LAW REVIEW 2 (2019): 61–79. Print.
@article{8576606,
  abstract     = {The European Union’s General Data Protection Regulation confirms the right of the data subject to
have his or her personal data erased in its Article 17. Recital 65 GDPR clarifies that this right is particularly relevant where children have given their consent not being fully aware of the risks involved
by the processing, and later want to remove personal data, especially on the Internet. Yet, the right
to erasure is not absolute. When processing is necessary for a number of legitimate reasons, such
as for the exercise of the right to freedom of expression and information, the right to erasure will
not apply. This article seeks to explore the right to erasure from a dynamic child rights perspective,
and aims to identify a number of challenging questions that may arise in practice, and that are related to the balance with other rights and interests, the required transparency, the potential to ask
for erasure where others (for instance, parents) have shared information about the child or given
consent on behalf of the child, the desirability of erasure-by-default systems, and enforcement by
data protection authorities.},
  author       = {Lievens, Eva and Vander Maelen, Carl},
  issn         = {2619-4880},
  journal      = {LATIN AMERICAN LAW REVIEW },
  keywords     = {Right to be forgotten - Right to erasure - General Data Protection Regulation - Child - Children's rights - Data protection - Freedom of expression - Data Protection Authorities},
  language     = {eng},
  number       = {2},
  pages        = {61--79},
  title        = {A child’s right to be forgotten : letting go of the past and embracing the future?},
  url          = {http://dx.doi.org/10.29263/lar02.2019.03},
  year         = {2019},
}

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