Do Users Have a Right to Be Forgotten in the US?

As online data trails grow longer and harder to erase, many Americans are wondering: do users have a right to be forgotten in the US? The short answer is no—not in the same robust way that individuals in the European Union enjoy under the General Data Protection Regulation (GDPR). However, that answer is becoming increasingly nuanced as state laws evolve, public expectations shift, and courts wrestle with the balance between privacy and free speech.

The right to be forgotten — a concept that allows individuals to request the removal of certain online information — has become a critical privacy issue. In this article, we examine how the US legal system addresses this concept, what gaps still exist, and how emerging regulations may eventually shape a uniquely American version of the right to be forgotten.

Understanding the Right to Be Forgotten

Origins of the Concept

The right to be forgotten gained international attention in 2014 when the European Court of Justice ruled in favor of a Spanish man who requested Google remove links to outdated financial information. This landmark decision solidified the right under GDPR, allowing EU residents to request the removal of personal data from search engines and other digital platforms under specific conditions.

So, do users have a right to be forgotten in the US in the same way? Not exactly. US legal traditions prioritize freedom of expression and access to information, often placing these values above personal privacy when the two conflict.

Federal Law and the Absence of a Clear Right

No Federal Equivalent to GDPR

At the federal level, there is currently no statute that provides individuals a broad right to have their personal data erased from the internet. US privacy laws tend to be sector-specific—for example, HIPAA protects health data, while FERPA governs educational records. But these laws do not provide a general right for individuals to demand that data be forgotten online.

Additionally, US courts have been cautious about implementing any right that might be seen as infringing on the First Amendment. Because of this, the federal legal system remains hesitant to adopt sweeping digital privacy laws that could conflict with free speech protections.

State-Level Privacy Laws and the Right to Delete

California Consumer Privacy Act (CCPA) and CPRA

While the federal government has not passed right-to-be-forgotten legislation, some states are beginning to fill the gap. California, for example, has enacted one of the most comprehensive privacy laws in the country.

Under the California Consumer Privacy Act (CCPA) and its expansion through the California Privacy Rights Act (CPRA), residents can request the deletion of their personal data collected by businesses. This is often referred to as a partial or limited right to be forgotten.

However, these requests only apply to certain data, and businesses may deny them if the data is necessary for legal compliance, fraud prevention, or other exceptions. So while this law provides a step toward recognizing the right, it falls short of granting a full, unconditional right to be forgotten.

Other States Following Suit

Several other states, including Virginia, Colorado, and Connecticut, have passed similar laws that give residents a right to request data deletion. These laws indicate a growing trend toward recognizing user agency over personal information. Still, none of these laws extend to requiring content removal from third-party websites or search engines like Google.

First Amendment Challenges to Forgetting

Free Speech vs. Privacy

One of the most significant roadblocks to implementing a broad right to be forgotten in the US is the First Amendment. The Constitution protects freedom of speech and the press, which courts have interpreted as including the right to publish truthful information — even if that information is embarrassing or outdated.

This constitutional protection creates a conflict when individuals want personal information removed from the internet. For example, if a newspaper article from ten years ago reports on an arrest that never led to a conviction, can the subject of the article demand that it be taken down? Under current US law, the answer is likely no.

Even if platforms voluntarily remove such content, courts may hesitate to compel it, especially if the information was legally obtained and lawfully published.

Private Companies and Voluntary Compliance

Search Engines and Social Media

Although US law does not mandate a right to be forgotten, some companies have implemented policies that resemble it. Google, for instance, allows individuals to request the removal of personally identifiable information from its search results in limited circumstances, such as non-consensual explicit content or doxxing.

Social media platforms like Facebook and Twitter also offer users the ability to delete posts, remove profiles, or report harmful content. These measures, however, are not legally required and vary widely between platforms.

Thus, while users can sometimes remove their data through private means, they are dependent on platform policies rather than enforceable legal rights.

Do Users Have a Right to Be Forgotten in the US? It’s Complicated

Partial Protections Exist

So, do users have a right to be forgotten in the US? While there is no universal right, Americans are starting to gain partial control over their digital footprints through state legislation and platform-level tools. California’s law, for example, enables consumers to delete certain personal information from businesses’ databases, but not from news websites or public records.

Public Pressure and Shifting Norms

In many cases, public pressure —not law— has driven platforms to offer more robust privacy tools. As more users demand control over their digital identities, companies may feel increasing pressure to allow content takedowns and data deletions, even in the absence of legal mandates.

Future Outlook: Is a US Right to Be Forgotten on the Horizon?

Federal Legislation in Progress

Several privacy bills have been introduced in Congress in recent years, such as the American Data Privacy and Protection Act (ADPPA). These proposals often include data deletion rights similar to those seen in state laws. However, bipartisan disagreements and concerns over preemption and enforcement have stalled progress.

Still, the increasing number of state laws may eventually force federal action. If enough states pass their own deletion rights, businesses may push for a unified national framework to simplify compliance.

Technological and Ethical Considerations

Advancements in artificial intelligence and machine learning have added urgency to the debate. When personal information can be used to train algorithms or predict behavior, the stakes for data privacy — and deletion — are even higher. Moreover, as digital legacy issues become more prominent, the question of who controls personal data after death may also enter the conversation.

Conclusion: A Patchwork, Not a Promise

The answer to the question, do users have a right to be forgotten in the US, remains unclear and evolving. While there are legal avenues for data deletion in some contexts, they fall short of the sweeping protections granted by European law. The US approach reflects a deeper tension between privacy and free expression, with courts generally prioritizing the latter.

That said, change is in the air. With growing public awareness, technological advances, and increasing state action, the idea of a right to be forgotten is gaining traction in the American privacy conversation. Whether it becomes a full legal right, however, depends on overcoming constitutional, cultural, and political hurdles that are unique to the US.

Until then, users must rely on a fragmented set of tools, laws, and policies to reclaim their digital autonomy. For now, the right to be forgotten in the US is less of a legal certainty — and more of a moving target.