Haya Yaish


The data subject’s (or the individual to whom the data relates) right to erasure under the new EU’s data protection law is likely to cause tensions with the right to freedom of expression. Using Article 17(1)(d)-(e) of the General Data Protection Regulation as a nexus to trigger and apply the right to privacy in EU law to the right to erasure, this Note presents a balancing test of four factors that can be used to consistently determine whether individual cases that request a right to erasure for published material are entitled to privacy protections. The proposed balancing test “Elements of Erasure” asks the following questions regarding the published information: whether there was a reasonable expectation of privacy, whether there was a reasonable expectation of a duty of confidence, how the information was collected, and whether an individual is personally identifiable using the disclosed information.