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The Right to Be Forgotten in the European Perspective

Author

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  • Razmetaeva Yulia

    (Department of Theory and Philosophy of Law, Yaroslav Mudryi National Law University, Pushkinska 77, Kharkiv 61024, Ukraine)

Abstract

The article focuses on the right to be forgotten, which is at the center of changes in the concept of human rights in the digital age. The origins of the right to be forgotten in European legal doctrine and judicial practice, as well as its relationship with autonomy and identity, are analyzed. The article also examines the significance of the new understanding of “time” and “data” for the adoption of this right, considering the influence of two key cases of the Court of Justice of the European Union, such as Google v. Spain [2014] and Google v. CNIL [2019] on the concept of the right to be forgotten. The place of this right, its connection with privacy and European data protection law is debated. The article focuses on jurisdictional issues, paying particular attention to both the right to be forgotten and the understanding of the relationship between privacy a nd freedom of expression in the European Union and the United States, and possible jurisdictional disputes around the world. The article also addresses the issue of balancing rights and legitimate interests, as well as the proportionality for applying the right to be forgotten, both in the European and global contexts.

Suggested Citation

  • Razmetaeva Yulia, 2020. "The Right to Be Forgotten in the European Perspective," TalTech Journal of European Studies, Sciendo, vol. 10(1), pages 58-76, June.
    • Handle: RePEc:vrs:bjeust:v:10:y:2020:i:1:p:58-76:n:4
    DOI: 10.1515/bjes-2020-0004
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    References listed on IDEAS

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    1. Garcia-Murillo, Martha & MacInnes, Ian, 2018. "Così fan tutte: A better approach than the right to be forgotten," Telecommunications Policy, Elsevier, vol. 42(3), pages 227-240.
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