The right to be forgotten. He who controls the present controls the past Cover Image

Dreptul la uitare. Cine controlează prezentul controlează trecutul
The right to be forgotten. He who controls the present controls the past

Author(s): Andreea Verteș-Olteanu, Codruța Guzei-Mangu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: right to be forgotten; personal data; freedom of speech; privacy

Summary/Abstract: In a landmark decision (case C-131/12), the Court of Justice of the European Union ruled that an Internet search engine operator is legally responsible for the processing of personal data appearing on third-party web pages. The right to be forgotten, a praetorian creation, which would later be enshrined in the General Data Protection Regulation (Regulation (EU) 2016/679), with effect from 25 May 2018, triggered a series of reactions. Our presentation will attempt to explain these reactions, to discuss the benefits and risks involved, to review the data protection legislation in Europe and to explore the legal, political and social implications of the newly emerged right, a virgin territory for all parties involved, which requires careful balancing of several fundamental rights, such as freedom of speech, the right to privacy, the right to dignity, the right to one’s own image or the right to be informed.

  • Issue Year: LXIII/2017
  • Issue No: 2
  • Page Range: 203-230
  • Page Count: 28
  • Language: Romanian