THE RIGHT TO ERASURE AND THE RIGHT TO RECEIVE THE LAST TRIBUTE: TO BE FORGOTTEN OR TO BE REMEMBERED? Cover Image

DREPTUL LA ŞTERGEREA DATELOR ŞI DREPTUL LA ADUCEREA ULTIMULUI OMAGIU: A FI UITAT SAU A FI ŢINUT MINTE?
THE RIGHT TO ERASURE AND THE RIGHT TO RECEIVE THE LAST TRIBUTE: TO BE FORGOTTEN OR TO BE REMEMBERED?

Author(s): Şchiopu Silviu-Dorin
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: personal data; right to erasure; right to be forgotten; cemetery; funeral monument; right to receive the last tribute;

Summary/Abstract: The concept of a right to be forgotten was introduced in 2014 by a ruling of The Court of Justice of the European Union (Judgment in Case C-131/12), while the right to receive the last tribute was enshrined in the Romanian Law no 102/2014 on cemeteries, human crematoriums and funeral services. One right tends to create the prerequisites for the mechanism of forgetting, the other’s purpose is preserving the memory of the deceased. In this article we will retrace the origins of both rights and we will show that while apparently they have opposite effects, in the end the purpose of exercising these two rights is to be remembered not necessarily for the real reason that should be taken into account, as for a social acceptable reason.

  • Issue Year: 2017
  • Issue No: 02
  • Page Range: 85-93
  • Page Count: 9
  • Language: Romanian