Down the Rabbit Hole: Applying a Right to Be Forgotten to Personal Images Uploaded on Social Networks
Eugenia Georgiades
Article

  The full text of this Article may be found here.

30 Fordham Intell. Prop. Media & Ent. L.J. 1111 (2020).

Article by Eugenia Georgiades*

ABSTRACT

[T]

he right to be forgotten has been the subject of extensive scrutiny in the broad context of data protection. However, little consideration has been given to the misuse of personal images that are uploaded on social networks. Given the prevalent use of online and digital spaces, social networks process and use various forms of data, including personal images that are uploaded by individuals. The potential for misuse of images is particularly acute when users upload images of third parties. In light of the European Union’s enshrinement of the “right to be forgotten” amid provisions of the General Data Protection Regulation that tighten protections for Internet users’ privacy, this Article examines whether the European “right to be forgotten” is a model that could be adopted, specifically in Australia, and perhaps elsewhere, as a mechanism to protect against the misuse of people’s images within social networks.

* Dr. Eugenia Georgiades, Assistant Professor Faculty of Law, Bond University. The author would like to thank Professor Brad Sherman, Associate Professor Leanne Wiseman, Associate Professor Jay Sanderson, and Dr. Allan Ardil for their feedback.