A comparative study of the differences in legal requirements and technical coverage for the right to be forgotten in the GDPR era

The purpose of this study is to clarify the difference between the legal requirements and the scope of technical realization of the forgotten right that became the subject of the GDPR era. The possibilities of realizing the right to be forgotten through existing technologies are very low. However, some of the technologies are being used must be developed and gradually realized.

In this study, we first investigated related studies such as concept and scope of forgotten rights, legal requirements, technical applications, and grasped the limitations. We have differentiated research methods by defining various factors such as information processing type (online/offline) and characteristics (type, legal obligation, subject). For more realistic research, we analyze gap in two aspects(access exclusion, information deletion), which are applied in domestic law.

Legal concept and interpretation are important for practical implementation of the right to be forgotten, but it is necessary to identify realistic application scope and possibility. The current studies are mainly limited to legal concept and scope interpretation. In addition, studies on the application of systems and technologies are very inadequate. This study focuses on the concept of ‘access exclusion’ and ‘information deletion’, which are mainly covered in domestic law. In addition, it has a different meaning in that it has laid the foundation for enhancing the feasibility through technological and service approach rather than legal approach. As a result of specific research findings (‘temporary measures’ and ‘personal information deletion’ applying domestic laws), the blank range is of great value as a goal of substantial institutional improvement and technological development.

Based on the results of the gap analysis, it is possible to establish more correct goals and broaden realistic realization by developing a method for implementing the right to be forgotten. In this sense, we hope that it will have practical effects on institutional and technological aspects as it becomes the research foundation of not only legislators but also engineers.