The Right to Be Forgotten: Developing a Framework forAppropriate Internet Regulation in Canada

Candidate: Sean Moreman, Communication and Culture PhD

The internet is replete with personal information. Some of this information is put there by individuals themselves, and some of it not. Some of this information might be less than flattering as it may reflect views that are no longer held or that highlight events from the past that those individuals would sooner forget. Canada's Office of the Privacy Commissioner sees this reality as a threat to one's privacy and dignity, as access to such out-of-date information by way of search engines may impair one's ability to fully interact in society. It has declared that a Right to be Forgotten ("RTBF") exists implicitly in Canada's governing law that regulates search engines. Under the RTBF, search engines may be required to de-list links to information to one's personal information. Critics argue the RTBF denies them information which allows them to decide on what terms they wish to interact with others in society. Adapting Rawls' Theory of Justice, which states a just society prioritizes liberty overall, this dissertation creates a framework against which the appropriateness of that enactment can be considered. Under the proposed rubric, the rights of privacy and expression are both found to be primary liberty interests which the RTBF affects equally, but reciprocally. It also determines that each serves a vital role in allowing one to participate fully in society, such that the RTBF cannot be considered morally superior when weighed against its consequences on free expression. The appropriateness of the enactment must herefore be determined by what a rational individual behind a veil of ignorance would determine serves liberty overall. This research concludes that the RTBF would be rejected by such individuals, as its design is open to manipulation such that the right to information would become meaningless as internet users are left to wonder about the accuracy of their search results. Beyond concluding this particular enactment is inappropriate, the framework established in this dissertation provides a tool with which the appropriateness of any further proposed regulation of the internet can be measured. It therefore provides a valuable resource for future research in Internet Studies, law, and philosophy.