Event Title

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

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Oct 27th, 1:30 PM Oct 27th, 3:00 PM

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).