The “Right to Be Forgotten”: Negotiating Public and Private Ordering in the European Union
分析了欧盟“被遗忘权”实施后，私人中介承担类似法院的决策责任，模糊了公共与私人界限，并探讨了互联网治理中公共与私人秩序的新安排。
Although the Internet is frequently referred to as a global public resource, its functioning remains predominantly controlled by private actors. The Internet brought about significant shifts in the way we conceptualize (global) governance. In particular, the handling of “big data” by private intermediaries has a direct impact on routine practices and personal lives. The implementation of the “right to be forgotten” following the May 2014 decision of the Court of Justice of the European Union against Google blurs the boundaries between the public and the private, and extends the responsibilities of the latter to court-style decision making. This article analyzes the regulatory developments in this area and the implications of outsourcing of important governance practices to private intermediaries. It looks at the decision-making process for the “right to be forgotten” to illustrate the extent to which the hybridization of such procedures results in new arrangements between public and private ordering in Internet governance.