The Right to Be Forgotten in Data Protection Law and Two Western Cultures of Privacy.¶
Kohl, U. (2023). The Right to Be Forgotten in Data Protection Law and Two Western Cultures of Privacy. International & Comparative Law Quarterly, 72(3), 737-769.
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Primes¶
- Data Structure
- The transferable content of the data structure is a diagnostic and a set of interventions that carry across substrates because each attaches to the abstract arrangement-for-use structure rather than to any storage medium, with the caveat that the term and its vocabulary are computer-science in origin and carry a mild organizing frame. The operation-profile diagnostic transfers into institutional design: an analyst asking "what operations does this org chart make cheap and what does it make expensive?" is doing data-structure analysis on the institution, and the intervention vocabulary — re-index, add a secondary structure, restructure for the new operation profile — ports directly. Index-over-corpus transfers into research workflow: building a personal note-taking system, bibliography, or slip-box is constructing a data structure over one's reading corpus, and the choice of structure (hierarchical folders, a tag graph, a link network) decides which research operations are cheap. Amortized reasoning transfers into policy: routing most cases through a simple cheap path and a few through an expensive but rare one is a transferable design principle from data structures to triage systems, claims processing, and legal exception-handling. Persistent-versus-ephemeral choice transfers into the ethics of memory: keeping an immutable audit log versus an updatable record is a structural choice with political consequences, and right-to-be-forgotten debates are data-structure debates about whether history is retained.
This sourceFrames the right-to-be-forgotten / data-retention debate as a structural choice about whether personal history is retained or erased — a persistent-versus-ephemeral storage choice with political and legal consequences.
- The transferable content of the data structure is a diagnostic and a set of interventions that carry across substrates because each attaches to the abstract arrangement-for-use structure rather than to any storage medium, with the caveat that the term and its vocabulary are computer-science in origin and carry a mild organizing frame. The operation-profile diagnostic transfers into institutional design: an analyst asking "what operations does this org chart make cheap and what does it make expensive?" is doing data-structure analysis on the institution, and the intervention vocabulary — re-index, add a secondary structure, restructure for the new operation profile — ports directly. Index-over-corpus transfers into research workflow: building a personal note-taking system, bibliography, or slip-box is constructing a data structure over one's reading corpus, and the choice of structure (hierarchical folders, a tag graph, a link network) decides which research operations are cheap. Amortized reasoning transfers into policy: routing most cases through a simple cheap path and a few through an expensive but rare one is a transferable design principle from data structures to triage systems, claims processing, and legal exception-handling. Persistent-versus-ephemeral choice transfers into the ethics of memory: keeping an immutable audit log versus an updatable record is a structural choice with political consequences, and right-to-be-forgotten debates are data-structure debates about whether history is retained.
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