Page 134 - Privacy in a Cyber Age Policy and Practice

122 PRIVACY IN A CYBER AGE

unelected) . . . [whether] it relate[s] to a criminal charge that resulted in
24
a later conviction or was dismissed.” For its part, in November 2014 the
EU data protection authorities “adopted guidelines on the implementation
of the judgment of the European Court of Justice (ECJ) on the right to be
forgotten.” 25
In short, it is far from clear what exactly the newly minted EU right
to be forgotten entails, but it clearly provides a key example of a hedged
right rather than a generic one. Whether one would hedge differently is
less important, that realizing from the onset that a generic right fails the
liberal communitarian test, because of the great harm to the common
good—while the hedged one can be recalibrated to meet the test and to
take into account changing historical conditions and new technological
developments.