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  • © 2018

Remembering and Forgetting in the Digital Age

  • Challenges long-established but questionable principles of data protection law that are unfit for the digital age
  • Covers topics of remembering and forgetting, data protection and privacy from a holistic, future-oriented and interdisciplinary approach
  • Analyzes the present legal framework with a view to shaping future legislation, considering how legislators and rule-makers should approach today’s data

Part of the book series: Law, Governance and Technology Series (LGTS, volume 38)

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Table of contents (18 chapters)

  1. Front Matter

    Pages i-xvi
  2. Part I Introduction

    • Florent Thouvenin, Peter Hettich, Herbert Burkert, Urs Gasser
    Pages 1-14
  3. Part II Normative Concepts of Information Management

    • Florent Thouvenin, Peter Hettich, Herbert Burkert, Urs Gasser
    Pages 15-55
  4. Technological Developments

    1. Front Matter

      Pages 56-56
    2. 1 Introduction

      • Florent Thouvenin, Peter Hettich, Herbert Burkert, Urs Gasser
      Pages 57-58
    3. 2 Search Engines

      • Florent Thouvenin, Peter Hettich, Herbert Burkert, Urs Gasser
      Pages 59-71
    4. 3 Remembering and Forgetting in Social Media

      • Florent Thouvenin, Peter Hettich, Herbert Burkert, Urs Gasser
      Pages 72-83
    5. 4 Web Archives

      • Florent Thouvenin, Peter Hettich, Herbert Burkert, Urs Gasser
      Pages 84-101
    6. 5 Mobile Internet

      • Florent Thouvenin, Peter Hettich, Herbert Burkert, Urs Gasser
      Pages 102-113

About this book

This book examines the fundamental question of how legislators and other rule-makers should handle remembering and forgetting information (especially personally identifiable information) in the digital age. It encompasses such topics as privacy, data protection, individual and collective memory, and the right to be forgotten when considering data storage, processing and deletion. The authors argue in support of maintaining the new digital default, that (personally identifiable) information should be remembered rather than forgotten.

The book offers guidelines for legislators as well as private and public organizations on how to make decisions on remembering and forgetting personally identifiable information in the digital age. It draws on three main perspectives: law, based on a comprehensive analysis of Swiss law that serves as an example; technology, specifically search engines, internet archives, social media and the mobile internet; and an interdisciplinary perspective with contributions from various disciplines such as philosophy, anthropology, sociology, psychology, and economics, amongst others.. Thanks to this multifaceted approach, readers will benefit from a holistic view of the informational phenomenon of “remembering and forgetting”.

This book will appeal to lawyers, philosophers, sociologists, historians, economists, anthropologists, and psychologists among many others. Such wide appeal is due to its rich and interdisciplinary approach to the challenges for individuals and society at large with regard to remembering and forgetting in the digital age.

Authors and Affiliations

  • University of Zurich , Zurich, Switzerland

    Florent Thouvenin

  • University of St. Gallen, St. Gallen, Switzerland

    Peter Hettich, Herbert Burkert

  • Berkman Klein Center for Internet & Society, Harvard University, Cambridge, USA

    Urs Gasser

About the authors

Prof. Dr. Florent Thouvenin is an Associate Professor of Information and Communications Law at the University of Zurich. He is the co-founder and co-chair of the Executive Committee of the Center for Information Technology, Society, and Law (ITSL) at the University of Zurich and the Executive Director of the Swiss Forum of Communication Law (SF-FS). 

Prof. Dr. Herbert Burkert is a Steering Committee Member of the Digital Asia Hub and President of the Research Center for Information Law at the University of St. Gallen (Switzerland) where he taught public law as well as information and communication law. His research interests include law as Information and its role in regulating information flows in society, information technology as object and driver of regulation, and data protection and access to information regimes.


Prof. Dr. Urs Gasser is the Executive Director of the Berkman Center for Internet & Society at Harvard University and aProfessor of Practice at Harvard Law School. He is a visiting professor at KEIO University (Japan) and also teaches at Fudan University School of Management (China). Urs Gasser’s research and teaching activities focus on information law, policy, and society issues. 



Prof. Dr. Peter Hettich is Professor of Public Law at the University of St. Gallen where he also serves as a Director of the Institute of Public Finance, Fiscal Law and Law and Economics. His research interests include constitutional protections of economic freedoms and regulated markets, administrative law, competition law, construction and environmental law, infrastructure regulation and the law of public companies. He acts as Of Counsel to the Swiss law firm VISCHER in Zurich.

Bibliographic Information

Buy it now

Buying options

eBook USD 129.00
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 169.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 169.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access