THE RIGHT TO BE FORGOTTEN UNDER THAI LAW

Abstract

One of the essential parts in human dignity is reputation, and nowadays the too-much speech can tear down the individual’s privacy. Normally, there are two well-known rights under the privacy involved with this digital age, i.e. right of free expression and right to access information, but recently the right to be forgotten has been recognized as one of the privacy rights. Technically, the right occurs to solve a problem in the digital age because it is very difficult to bury the individual’s past in the online world.

In May 2014, the right to be forgotten was recognized in the European Union through, Google Inc. v Agencia Española de Protección de Datos, Google Spain case, a decision by the Court of Justice of the European Union (CJEU). Thenceforth, search engines were obliged to remove outdated or extremely personal information from search results. In some countries, the right to be forgotten has been rejected. Questions remain about the benefits of this right, seemingly based on the concept of a second chance. It is not an absolute right so it is difficult to balance this right with other related rights, especially rights of free expression and access to information.

The question was addressed whether data should be remembered forever or may be changed by owners in Thailand. European Union rulings were studied, considered among the most effective privacy- protection regulations. Rulings were issued with the objective to protect personal data, offering high protection standards. Yet in the United States, the right to be forgotten confronts the First Amendment, the Communications Decency Act of 1996 (CDA) and privacy tort law. In the United States, the legal right to be forgotten has less weight than other fundamental rights. Recommendations were offered to enhance effectiveness of adopting the right to be forgotten under Thai Law.