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Inside the Law: Right to be Forgotten

September 24, 2018 - 3:30 am
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By Amy E. Feldman, Judge Technology Solutions​

PHILADELPHIA (KYW Newsradio) --Here's a reminder of the right to be forgotten.

The woman who won the title of 2018 Maine Lobster Festival Sea Goddess was forced to give back her crown when pictures that she’d posted on Facebook of herself with a joint when she was in high school surfaced. 

Anyone who made poor choices in high school, which is to say, everyone, wonders about the law known as the right to be forgotten. 

What is it and when does it apply? 

The European Union enacted the law that allows a person to petition a search engine to take down articles that are no longer true, or that are outdated. But in the U.S., free speech generally trumps the right to privacy, so articles that were true when posted remain online forever; the right to be forgotten doesn’t apply on this side of the sea.  

The New York Assembly is currently considering a bill similar to the EU’s right to be forgotten law, but there are First Amendment challenges to it.  

For now, the runner up will assume the Maine Sea Goddess duties, which presumably involve protecting sailors from making poor choices.