In 2014 the European Union determined that a person’s ‘right to be forgotten’ by Google’s search was a basic human right, but it remains the subject of dispute. If requested, Google currently removes links to an individual’s specific search result on any Google domain that is accessed from within Europe and on any European Google domain from wherever it is accessed. Google is currently appealing against a proposed extension to this which would require the right to be forgotten to be extended to searches across all Google domains regardless of location, so that something which might be perfectly legal in one country would be removed from sight because of the laws of another. Not surprisingly, Google sees this as a fundamental challenge to accessibility of information.
As if the ‘right to be forgotten’ was not problematic enough, the EU has recently published its General Data Protection Regulation 2016/679 to be introduced from 2018 which places limits on the use of automated processing for decisions taken concerning individuals and requires explanations to be provided where an adverse effect on an individual can be demonstrated (Goodman and Flaxman 2016). This seems like a good idea on the face of it – shouldn’t a self-driving car be able to explain the circumstances behind a collision? Why wouldn’t we want a computer system to explain its reasoning, whether it concerns access to credit or the acquisition of an insurance policy or the classification of an archaeological object?