ARTICLE
24 February 2012

The Right To Be Deleted

FH
Foley Hoag LLP

Contributor

Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
If you haven't Googled yourself in a while, this might be a good time.
United States Privacy

If you haven't Googled yourself in a while, this might be a good time. My own self-search reveals, among other things, a page at mylife.com. I didn't put it there, and I'd rather it not be there. However, right now, there isn't a right to have your personal or professional information be deleted from social media, review sites, and other types of websites that gather your personal information. However, legislation may be coming that will address this concern.

According to the Wall Street Journal,

Lawmakers and regulators are trying to do more to address consumer concerns. There is no U.S. law, as there is in Europe, requiring companies to allow people to view or delete their personal data on file at an institution. Last year, Sens. John Kerry (D., Mass.) and John McCain (R., Ariz.) introduced legislation that would require most data brokers to let people view and make corrections to the personal data stored about them. The White House is expected to call for similar rights when it releases its "Privacy Bill of Rights" later this year.

We also know the FTC is watching online background reporting entities, and recently warned marketers of six mobile applications that provide background screening apps that they may be violating the Fair Credit Reporting Act. The FTC warned the apps marketers that, if they have reason to believe the background reports they provide are being used for employment screening, housing, credit, or other similar purposes, they must comply with the Act. While this doesn't deal with unwanted listings, it might limit their impact.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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