right to be forgotten
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2021 ◽  
pp. 53-67
Ferdinando Maguele Santana Medina

Throughout this work, we will analyze the right to be forgotten, looking at the most recent regulation in this matter, both at the Spanish and European level, emphasizing the novelties introduced by the various legal bodies, on the other hand, we will see the ARCO rights and its relevance for Internet users, as well as sentences that have marked the way forward to achieve a regulation that safeguards the most reserved sphere of individuals, providing them with effective mechanisms to evoke such protection before the authorities.

2021 ◽  
pp. 151-166
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“.

2021 ◽  
pp. 60-78
Andrei Smochina ◽  
Alexandru Tarna ◽  

Information technology changed the way we relate to information as any data posted on the Internet can remain accessible indefinitely. This ease of access undoubtedly favored the freedom of information, but the fundamental right to privacy of natural persons seems to be under threat in the absence of adequate legal mechanisms. Since recently the Court of Justice of the European Union (,,CJEU”) ruled in two cases (C136/17 and C-507/17) on a series of questions concerning the implementation of the right to de-referencing (digital right to be forgotten) and its territorial scope, this paper analyses the impact of those two judgments on the effectiveness of the right to be forgotten. On the one hand, we are witnessing its strengthening, especially as a result of the clarification that, in principle, the operator of a search engine is required to admit a request for de-referencing where the information relates to an earlier stage of a legal proceeding and no longer corresponds to the current situation. On the other hand, we find a limitation of its effectiveness, since, by default, the links removal by the operator of the search engine will only be done on the versions of that search engine corresponding to all member states. However, we must not forget that CJEU emphasized that, in the light of national standards of protection of fundamental rights, a supervisory or judicial authority of a member state remains competent to order, where appropriate, the operator of that search engine to carry out a de-referencing concerning all its versions.

2021 ◽  
pp. 41-68
Eugenia Politou ◽  
Efthimios Alepis ◽  
Maria Virvou ◽  
Constantinos Patsakis

2021 ◽  
Vol 8 (3) ◽  
pp. 41-48
Daria A. Petrova ◽  
Ekaterina A. Galchun

The internet information and telecommunications network, due to its accessibility and easy storage and distribution of huge amounts of data, and its ability to search and find information, plays a key role in the implementation of such fundamental rights as freedom of speech and the press. At the same time, there is an increasing risk that materials on the World Wide Web may harm the rights and legitimate interests of individuals, especially the right to privacy. In these conditions of eternal competition between the public and the private, the right to be forgotten arises as a mechanism that allows one to remove or slow the spread of unwanted information. The authors investigate the problem of implementing this relatively new opportunity in the context of finding a balance between the public interest in obtaining information and the private interest in destroying it. It is argued that this category of cases is difficult due to the lack of a unified standard of proof and criteria for evaluating arguments. Based on an analysis of the most important precedents, the most common legal positions on the issue are identified and critically assessed. An increasing priority afforded to public interest and the decreasing requirements for the deletion of information is revealed. The authors consider the emergence of the right to be forgotten as a new mechanism for settling disputes in a pre-trial manner, by allowing one to not completely destroy, but to suspend the dissemination of undesirable information, thereby protecting private interests without violating the legitimate rights of the public. The conclusion is made about the right to be forgotten as a compromise in the conflict of fundamental rights. An approximate list of arguments for applicants and respondents is provided, suitable for practical application in disputes about the right to be forgotten.

Jamal Barafi ◽  
Ali Hadi Al-Obeidi

Abstract The development of the Internet and mass media has facilitated access to information and freedom of expression in unprecedented ways, but in so doing there have been many violations, especially of the right to privacy. Such violations have led to calls for the establishment of the right to be forgotten. In this paper, we focus on clarifying the concept of the right to be forgotten and the conditions for establishing this. Moreover, we consider the European approach to the right to be forgotten (RTBF), showing how different European instruments have been employed to recognize this right, such as recommendations, regulations, and directives, in order to coordinate national efforts on this issue. In addition, this paper will analyze the stance of some national Arabic legislation regarding the RTBF.

2021 ◽  
pp. 175069802110447
Elizabeth Stainforth

This article investigates cultures of digital memory and forgetting in the European Union. The article first gives some background to key debates in media memory studies, before going on to analyse the shaping of European Commission and European Union initiatives in relation to Google’s activities from the period 2004–present. The focus of inquiry for the discussion of memory is the Google Books project and Europeana, a database of digitized cultural collections drawn from European museums, libraries and archives. Attention is then given to questions of forgetting by exploring the tension between Google’s search and indexing mechanisms and the right to be forgotten. The article ends by reflecting on the scale of the shift in contemporary cultures of memory and forgetting, and considers how far European regulation enables possible interventions in this domain.

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