How Obscurity Could Help the Right To Fail  In the past, I have
discussed the European Commission’s “Right to be Forgotten”
proposal, and the issues with trying to provide a comprehensive
right to wipe a record clean. I have argued individuals need a
sphere of privacy where they know they can make mistakes,
without those errors following them for the rest of their lives.
Individuals will shy away from risky or provocative ideas and
efforts, if they fear organizations will use those activities to
discriminate against them forever. These provocative ideas
challenge the status quo and are often what is needed to break
away from conformity and innovate. Technology companies are
familiar with this need for space to allow employees to
innovate, and many structure their performance review systems to
create the ability for individuals to take risks.  I call the
need for this space for innovation, “The Right to Fail”.
Google’s current court case at the European Court of Justice
centers on the issue of how to provide