The Right to be Forgotten: The Potential Effects on Canadian

Abstract

Since the introduction of the right to be forgotten to European law in 2014, many Western countries have contemplated whether the right could be applied to their citizens. In October 2018, Canada’s Privacy Commissioner asked the Federal Court of Canada to decide if the right is a Canadian fundamental right. However, the right to be forgotten has caused a lot of issues in Europe due to its vagueness and if Canada’s Federal Court rules in favour of making the right a Canadian right, changes will need to be made to it to protect Canadian archives. This paper explores the right to be forgotten and discuss the potential effects the right may have on Canadian archives by exploring the origins of the right, how third-party search engines are currently handling the right, Canadian laws and policies surrounding privacy and the right to know and Canadian archival practices.