The Right to be Forgotten Under GDPR: Legal Scope and Practical Challenges

ANUSHREE CHAUDHARY; SPS SHEKHAWAT

doi:10.36948/ijfmr.2025.v07i04.51772

The Right to be Forgotten Under GDPR: Legal Scope and Practical Challenges

Author(s)	Ms. ANUSHREE CHAUDHARY, Prof. Dr. SPS SHEKHAWAT
Country	India
Abstract	The Right to Be Forgotten (RTBF), enshrined under Article 17 of the General Data Protection Regulation (GDPR), represents a pivotal shift in the landscape of data privacy and digital rights in the European Union. This right empowers individuals to request the erasure of personal data when it is no longer necessary for the purpose it was collected, when consent is withdrawn, or when the processing is unlawful. Rooted in the landmark Google Spain SL v. Agencia Española de Protección de Datos (2014) decision, the RTBF underscores the growing tension between privacy rights and freedom of expression, especially in the digital ecosystem dominated by global tech giants. This abstract explores the legal scope of the RTBF, examining the conditions, limitations, and exceptions under GDPR. It also evaluates the extraterritorial applicability of the right, particularly in cross-border data flows, and the complex balance it seeks to achieve between personal autonomy and public interest. The paper investigates practical challenges in enforcing this right, such as defining the threshold of "public interest," handling requests across multiple jurisdictions, ensuring compliance by data controllers, and the risk of censorship. Moreover, it highlights concerns about technological enforcement, especially the feasibility of complete erasure in decentralized systems like blockchain or widespread internet archives. The role of search engines, the ambiguity around delisting versus deletion, and the implications for media archives are also critically analyzed. Through comparative insights and recent case law developments, this work underscores that while the RTBF is a significant advancement in data protection, it remains fraught with operational ambiguities and ethical dilemmas in the age of the internet.
Keywords	Right to Be Forgotten, GDPR, Data Privacy, Freedom of Expression, Digital Erasure, Cross-border Data Protection
Published In	Volume 7, Issue 4, July-August 2025
Published On	2025-07-21
DOI	https://doi.org/10.36948/ijfmr.2025.v07i04.51772
Short DOI	https://doi.org/g9t2cw

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The Right to be Forgotten Under GDPR: Legal Scope and Practical Challenges

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