The Right to Be Forgotten and What the Laws Should/Can/Will Be: Comparing the United States and Canada

This article will first examine why the right to be forgotten should be recognized as a universal right by drawing upon natural law theories. Using the recent decision by the European Court of Justice as a starting point, it will then explore whether this right can be recognized in the United States and Canada. Often held to be similar in terms of cultures and values, the two neighbors in fact have very different free speech and privacy traditions. This article will conduct a comparative study of the U.S. and Canada to explain why this right can be accommodated by their laws and traditions from a theoretical perspective. Finally, it will adopt the framework of judicial globalization to explore why and to what extent the right to be forgotten will be recognized in these two jurisdictions.