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The Right to be Forgotten Queries

  • 05-10-2016 12:21pm
    #1
    QwertyCookie
    Registered Users, Registered Users 2 Posts: 19 ✭


    Hi there,

    I am entering final year and I am thinking of doing my research project on the right to be Forgotten. Currently I am just a little confused whether the right to be forgotten exists in European law or not. There was a 1995 directive on the topic which I'm unsure if it covers the right to be forgotten?
    If the 1995 directive does not cover it than when is the new regulations due to come out? And what are the main challenges of enacting the new regulations?

    I hope that makes sense!

    Kind Regards,

    Connie


Comments

  • #2
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    Your starting point should be the judgment in Google Spain (Case C-131/12) where the right was first found to exist (although this may be disputed depending on how deeply you want to go into things).

    The right stems from both Directive 95/46/EC and the Charter of Fundamental Rights. The General Data Protection Regulation (Regulation 2016/679) beefs this right up to include a right of erasure. This takes effect at the end of May 2018 and is possibly the most far reaching development in privacy rights ever.

    I'm not going to do your homework here but I'm quite happy to point you in the right direction. It really is an area of law that's seen huge developments in the last couple of years. Beware of individual biases when reading commentary about it. In general, journos and new outlets get quite pissy about the RTBF, tech companies moan about regulation in general and practising lawyers vary depending on their client base.


  • #3
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    QwertyCookie wrote: »
    I am thinking of doing my research project on the right to be Forgotten. Currently I am just a little confused whether the right to be forgotten exists in European law or not. There was a 1995 directive on the topic which I'm unsure if it covers the right to be forgotten?
    If the 1995 directive does not cover it than when is the new regulations due to come out? And what are the main challenges of enacting the new regulations?

    Some commentary and links here:
    https://www.lawsociety.ie/Documents/Gazette/Gazette%202014/July2014-gazette.pdf#page=31


  • #4
    QwertyCookie
    Registered Users, Registered Users 2 Posts: 19 ✭QwertyCookie


    Thank you, I just wasn't sure if The General Data Protection Regulation had passed or not (since textbooks and commentary I found so far were all pre 2016), and was getting the right to erasure mixed up with the right to be forgotten. Thank you for the clarification, I was just panicking since I need to get my proposal in this week.


  • #5
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    QwertyCookie wrote: »
    Thank you, I just wasn't sure if The General Data Protection Regulation had passed or not (since textbooks and commentary I found so far were all pre 2016), and was getting the right to erasure mixed up with the right to be forgotten. Thank you for the clarification, I was just panicking since I need to get my proposal in this week.

    I'm sure you're already using it but Lexisnexis FTW.


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