The Right to Be Forgotten

Author(s):  
Helena U. Vrabec

Chapter 6 explores the theoretical, normative, and practical aspects of the right to be forgotten (erasure) as set out in Article 17 of the GDPR along with some related mechanisms that also facilitate online ‘forgetting’. It is argued that control is the underlying notion of the right, closely related to both data subjects’ privacy and their autonomy. After providing a summary of the relevant case law which preceded the GDPR, the chapter thoroughly analyses Article 17 which lays out the current version of the right to erasure along with implementation details and exceptions. The chapter also lists a few technical and other measures that can be used as alternatives for the right to erasure in new (AI) environments.

2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Tatiana H. Fomina ◽  
Volodymyr I. Galagan ◽  
Zhаnnа V. Udovenko ◽  
Serhii Ye. Ablamskyi ◽  
Yana Yu. Koniushenko

This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of national legislation and the relevant case law of the European Court of Human Rights. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.


2020 ◽  
Vol 21 (S1) ◽  
pp. 55-65
Author(s):  
Federico Fabbrini ◽  
Edoardo Celeste

AbstractThis article explores the challenges of the extraterritorial application of the right to be forgotten and, more broadly, of EU data protection law in light of the recent case law of the ECJ. The paper explains that there are good arguments for the EU to apply its high data protection standards outside its borders, but that such an extraterritorial application faces challenges, as it may clash with duties of international comity, legal diversity, or contrasting rulings delivered by courts in other jurisdictions. As the article points out from a comparative perspective, the protection of privacy in the digital age increasingly exposes a tension between efforts by legal systems to impose their high standards of data protection outside their borders – a dynamic which could be regarded as ‘imperialist’ – and claims by other legal systems to assert their own power over data – a dynamic which one could name ‘sovereigntist’. As the article suggests, navigating between the Scylla of imperialism and the Charybdis of sovereigntism will not be an easy task. In this context, greater convergence in the data protection framework of liberal democratic systems worldwide appears as the preferable path to secure privacy in the digital age.


2019 ◽  
Vol 19 (3-4) ◽  
pp. 155-177
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Case Law ◽  

The Constitution of Zambia prohibits discrimination in different articles and the grounds on which a person may not be discriminated against are included in two different constitutional provisions – Article 23(3) and Article 266. Apart from the Constitution, some pieces of legislation prohibit discrimination and provide for grounds against which a person may not be discriminated against which are not provided for in the Constitution. Jurisprudence from Zambian courts has not been consistent on the question of whether the list of the grounds against which a person may not be discriminated against is exhaustive. With the exception of the ground of disability, the Constitution does not define the other grounds on which a person may not be discriminated against. In this article, it is argued, inter alia, that the existence of two constitutional provisions providing for different grounds could create uncertainty among some litigants and judicial officials and that in cases where the Constitution does not define the grounds of discrimination, courts could resort to relevant case law, legislation or dictionaries to define such grounds.


1969 ◽  
pp. 447
Author(s):  
Percy Marshall

Judicial interpretation of the Criminal Code provisions, sections 464 and 484, relating to re-election for trial, has become increasingly restrictive. Through a thorough historical analysis of the relevant case law, the author demonstrates that the right to ap ply to re-elect has, in certain circumstances, been virtually removed in Alberta. Criticisms of the present trend are offered, followed by proposals for reform.


2019 ◽  
Vol 3 (1) ◽  
pp. 43-57
Author(s):  
Laura Gyeney

The question of free movement rights of economically inactive citizens and their access to social assistance is a legally controversial and a politically sensitive issue. This is well illustrated by the CJEU’s recent case law which signals a shift in its former jurisprudence towards a more restrictive approach relating to access to social assistance benefits for economically inactive EU citizens. Moreover, the Court’s case law appears to be moving away from the concept of EU citizenship as a general value and common solidarity. The present article aims to give a brief overview of the relevant case law with the aim of seeking answer the question whether this turn in the CJEU’s case law predicts a real paradigm shift or just a consolidation phase in the Court’s jurisprudence.


2021 ◽  
pp. 151-166
Author(s):  
Sonja Lučić ◽  

By participating in social networks such as Facebook, Twitter and Instagram, network participants are increasingly revealing private information on the Internet. Once published data, whether images or other personal data, can be accessed with virtually no time limit. The idea of developing a "right to be forgotten" for the online area came from the French government. In the meantime, the European Commission has taken up this idea and proposed that, in the context of the revision of the Data Protection Directive 95/46, the "right to be forgotten" be considered in more detail. Although the representatives of the European Commission increasingly pointed out the importance of this right at public hearings, there were obstacles and serious resistance to its introduction, i.e. legal regulation. It was only with the discovery of Edward Snowden about the widespread surveillance of the Internet by the American State Security Agency (NSA) in connection with the increasingly widespread use of the Internet that the question of the need for the "right to be forgotten" became topical again. The author pointed out the specifics of “the right to be forgotten”. In addition, the author dealt with the comparative legal analysis of this institute, and give a special review of the current case law, which has as its subject “the right to be forgotten”. The judgment of the European Court of Human Rights in Hurbain v Belgium provides further clarification of the "right to be forgotten" and a broader approach than that taken in the case law of other courts to balance conflicting legal interests. Recognition of the right of an individual to request a change in the digital archive of a newspaper publisher has expanded the tools for individuals seeking „the right to be forgotten“.


Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs

This chapter covers the two contractual situations of performance and breach. First, it recognizes that most contracts are performed and completed, with the consequence that liability ceases and the obligations under the contract are discharged by performance. Some obligations may be classed as conditions precedent, or as conditions subsequent, and the order for performance may be provided for by contingent conditions. The relevance of the entire contracts rule is noted. Second, the chapter explores the injured party’s right to terminate for breach. The right to terminate for repudiatory breach and the right to terminate for anticipatory breach of contract, are both illustrated through the relevant case law which highlight the possible options available to an injured party and the consequences which may follow.


Author(s):  
Agnieszka Gołąb

The present paper deals with the possibility of passing judgments on the merit and procedural decisions at a court session held in camera. In order to assess the admissibility of this practice and its congruence with constitutional standards, the article presents the relevant case law of the European Court of Human Rights and the Polish Constitutional Tribunal. The paper discusses the issue of the ‘right to a public hearing’ in connection with the recent amendment of the Polish Code of Civil Procedure, which widened the court’s possibility to pass judgments and decisions in chambers.


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