Conclusion

Europe’s right to be forgotten, codified in the GDPR and other European law including human rights law, is a robust model for similar laws around the world. California is a pioneer in the United States with the CCPA and the proposed CPRA will expand California’s right to be forgotten. The CCPA is more market-oriented than the GDPR while New York’s proposed Act to create a right to be forgotten more closely resembles European law. Because this right responds to a growing global phenomenon, it is likely that we will continue to see an increase in laws protecting this important right. In this area of law, while the compelling interests of individuals formerly convicted of crimes are often forgotten, they continue to exist in the foundational values underlying EU law. Therefore, because the GDPR is and will continue to be a model for other countries’ laws, the interests of individuals formerly convicted of criminal offenses can be served in countries writing new laws modeled on the GDPR. As their advocates, we must continue to keep formerly convicted individuals in the forefront of our minds.