From Search Engines to Large Language Models: Re-evaluating the Right to Be Forgotten in the Age of Artificial Intelligence

This publication explores the applicability of the Right to Be Forgotten (RTBF) to Large Language Models (LLMs), such as ChatGPT, within the framework of the General Data Protection Regulation (GDPR). Originally established by the Court of Justice of the European Union in the Google Spain case, the RTBF allows individuals to request the removal of personal data from search engine results. However, since the Google Spain case and the adoption of the GDPR, the technology has evolved significantly. LLMs have recently entered into individuals’ daily lives, and they shortly become very popular. The emergence of LLMs now presents new challenges for the interpretation and enforcement of the RTBF. Through a comparative analysis of search engines and LLMs, this study raises the critical question of whether RTBF obligations should extend to these AI systems and investigates the legal and technical challenges of such an extension. Ultimately, the author argues that although RTBF is theoretically applicable to LLMs, meaningful implementation requires clearer legal guidance and technical innovation.