The Right to be Forgotten—The EU and Asia Pacific Experience (Australia, Indonesia, Japan and Singapore)

Abstract

This article explores the right to be forgotten or otherwise known as the right to erasure in the EU and Asia Pacific. The right to be forgotten has quickly become an important concept of data protection law. It allows a person to request that their personal data and information be deleted or removed from an internet website. Subsequently, from the application of this right, a person has a level of their personal privacy protected over the internet. However, the acceptance and implementation of this right by Australia, Indonesia, Japan, Singapore and the EU varies. With the implementation of the EU General Regulation on Data Protection in May 2018, the right to be forgotten is well entrenched in the EU. This article investigates an issue of growing significance because of Australia’s engagement with these countries, accentuated by the use of the internet. First, one of Australia’s closest neighbours, Indonesia, has the largest Islamic population. Secondly, Singapore being a Commonwealth country along with Australia, has also adopted the common law, and has strong trade and other bilateral partnerships. Thirdly, of all the Asian nations, Japan, that recently obtained equivalency from the EU in data protection law, has seen the right emerge in that state. The right, in many respects is also in conflict with other rights and freedoms (right to expression) and other areas of the law. It is an area of law that may never be settled, as technology continues to evolve. This article will highlight the current status of the right to be forgotten across these jurisdictions, with what can be considered three models of data protection and privacy law. These laws have been developing separately throughout the EU, South East Asia and the Pacific.

Keywords: Right to Be Forgotten, Right to Erasure, EU, GDPR, Australia, Common Law, Singapore, Indonesia, Japan, Data Protection, Privacy South East Asia, Pacific