AN EXAMPLE OF FRENCH CASE LAW IN THE MATTER OF THE RIGHT TO BE DIGITALLY FORGOTTEN Cover Image

UN REPER JURISPRUDENŢIAL DIN PRACTICA INSTANŢELOR FRANCEZE ÎN MATERIA DREPTULUI LA UITARE DIGITALĂ
AN EXAMPLE OF FRENCH CASE LAW IN THE MATTER OF THE RIGHT TO BE DIGITALLY FORGOTTEN

Author(s): Silviu Dorin Şchiopu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: online communication; protection of personal data; respect for private and family life; freedom of expression and information; right to be forgotten;

Summary/Abstract: Everyone has the right to respect for his or her private life and to the protection of personal data. On the other hand, everyone has the right to receive and impart information and ideas without interference by public authority and regardless of frontiers. In this legal framework online data can be both a violation of the right to privacy and a manifestation of freedom of expression. The right to be forgotten re-establishes in online communication the balance between the right to privacy and the freedom of information. This article aims to present the reasoning behind a French ruling which decided that requiring a press body to remove from the site dedicated to archiving its articles, either the information itself, or to restrict access by changing the usual indexation, would exceed the restrictions that could be imposed on press freedom.

  • Issue Year: 2018
  • Issue No: 09
  • Page Range: 101-107
  • Page Count: 7
  • Language: Romanian