The right to be forgotten : a South African perspective

Abstract

The purpose of this Mini-Dissertation is to determine whether or not a data subject in South Africa can rely on the Right to be Forgotten (RTBF) as is illustrated in the case of Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González (Google SL).1 This involves, inter alia, a critical analysis of the European Law as well as the provisions of the Protection of Personal Information Act (POPI).2 The Mini-Dissertation is structured as follows: Chapter 1: Introduction: Introduction, purpose and overview of the Mini-Dissertation. Chapter 2: An Overview of the European Law: An analysis of the relevant legislation and case-law of the European Union as well as its application to the RTBF. Chapter 3: Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González: A detailed analysis of Judgment in Google SL as well as commentary and criticism to the RTBF. Chapter 4: The Right to be Forgotten in South Africa: A detailed analysis of the law pertaining to the protection of personal information in South Africa and the applicability of the RTBF in South Africa. This entails an investigation of the provisions of POPI as well as South African commentary to the RTBF. Chapter 5: Conclusion and recommendations.