"Право на заборав" и општа уредба Европске уније 2016/679 о заштити података о личности
"The right to forget" and general regulation of the European Union 2016/679 on protection of personal data

Author(s): Siniša Domazet, Zdravko Skakavac
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Институт за међународну политику и привреду
Keywords: law;security;right to be forgotten;Eurpean Union;Republic of Serbia;

Summary/Abstract: The aim of the analysis is to investigate one of the most important rights guaranteed by the General Regulation of the European Union 2016/679 on data protection, which is the right to delete (the right to forget). The study found that the right to erase personal data was established even at the time of the Directive 95/46 / EC and the case “Google v. Spain.” After that judgment, it was proved that numerous requests were made to Google for deleting data. With the new Regulation, the right to delete is extended and detailed. It has been established that there are some difficulties in the implementation of this right in practice. Above all, the question arises as to how the provision on the right to delete will apply in the case of new technologies, such as the “block chain” technologies. Secondly, the question arises as to how the provision on the right to delete will be implemented in companies. Third, the question is how will the exercise of the rights of employees to erase personal data affect the business of companies? Finally, a particularly sensitive issue regarding the right to delete personal data appears in the health service sector. The survey found that good citizen education and engagement of experts in the field of data protection is necessary, but also for the development of internal procedures for handling requests for deletion, including the provision of the adequate financial sources. In this paper, normative and legal-logical methods of induction and deduction are used.

  • Issue Year: 2018
  • Issue No: 66
  • Page Range: 70-86
  • Page Count: 17
  • Language: Serbian