The Right to be Forgotten Under the General Regulation of Data Protection
Session
Law
Description
The right to be forgotten derives from the right data subject’s right to erasure of their data. Based on the new provisions of the General Regulation on the Data Privacy (GDPR) the right of the individuals to obtain from the data controller the erasure of personal information concerning him or her has to be guaranteed, but it is not unreservedly. It is applied under specific exemptions and especially when personal data is processed unlawfully under the GDPR. The purpose of this paper is to analyze who has to decide the moment when the personal information can be erased, which are the argument from the perspective of the right of expression and our right to remember, which are the legal opinion of the European Court of Human Right and the European Court of Justice from the case Google Spain SL, Google Inc vs. the Spanish Data Protection Agency, Mario Costeja González (2014).
Keywords:
GDPR, the right to be forgotten, privacy, ECHR, ECJ
Session Chair
Albulena Ukimeraj
Session Co-Chair
Behar Selimi
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-437-69-1
Location
Pristina, Kosovo
Start Date
27-10-2018 1:30 PM
End Date
27-10-2018 3:00 PM
DOI
10.33107/ubt-ic.2018.271
Recommended Citation
Xhafaj, Jorida, "The Right to be Forgotten Under the General Regulation of Data Protection" (2018). UBT International Conference. 271.
https://knowledgecenter.ubt-uni.net/conference/2018/all-events/271
The Right to be Forgotten Under the General Regulation of Data Protection
Pristina, Kosovo
The right to be forgotten derives from the right data subject’s right to erasure of their data. Based on the new provisions of the General Regulation on the Data Privacy (GDPR) the right of the individuals to obtain from the data controller the erasure of personal information concerning him or her has to be guaranteed, but it is not unreservedly. It is applied under specific exemptions and especially when personal data is processed unlawfully under the GDPR. The purpose of this paper is to analyze who has to decide the moment when the personal information can be erased, which are the argument from the perspective of the right of expression and our right to remember, which are the legal opinion of the European Court of Human Right and the European Court of Justice from the case Google Spain SL, Google Inc vs. the Spanish Data Protection Agency, Mario Costeja González (2014).