The Right to be Forgotten in Post-Google Spain Case Law: an Example of Legal Interpretivism in Action?

Abstract

Recent judgments by the European Court of Justice and the Federal Constitutional Court of Germany have helped to clarify the scope of the Right to be forgotten. This article addresses these judgments and highlights the path the Right to be forgotten has taken since the Google Spain case. The author asserts that the Right to be forgotten is a good example of legal interpretivism in action, as the judgments have developed and transformed the right in ways that Google Spain and the General Data Protection Regulation could not have foreseen. The element of time gained prominence in the role of balancing and is highlighted as an example of policy shaping conducted by the Courts. The article concludes with an analysis of blockchain as a next potential battleground for the Right to be forgotten and provides an outlook on how the Courts might handle issues related to this, in line with the legal interpretivist school.