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Alternative title:

The right to be forgotten

Subject and Keywords:

GDPR   personal data   publicizing of personal data   personal data protection   right to erasure   the data subject shall   controller   technical and organisational measures   the right to privacy   freedom of expression   legal remedies   responsibility   administrative pecuniary penalties   supervisory authority

Abstract:

The right to be forgotten has become of particular interest with the Google Spain judgment. In the previous legal situation, i. e. during the period in which Directive 95/46 was in force, the scope of that right was limited only to requiring an internet search engine operator to remove links from the list of search results having as their point of reference a name and surname. This in turn, was associated with the fact that reaching the unwanted information was possible after entering a wording other than the name and surname in a search engine. Today, the right to be forgotten has a broader scope of application. It refers not only to search engine operators, but also to other entities that have the status of controller within the meaning of Article 4(7) of the GDPR. The broader scope of this right is also evidenced by the closed catalogue of conditions on which its implementation depends. In the presented study, the authors referred to the basic elements of the content of solutions that allowed for understanding the nature, content and meaning of "the right to be forgotten". For this reason, it was necessary not only to present a certain "environment" of the protected sphere (individual privacy and personal data), but also the model adopted in the Polish legal order to define the premises: - the exercise of the right in question; - its limitations and exclusions; - responsibility for its violation. Only such an analysis allowed for the formulation of final assessments in the context of the effectiveness and efficiency of the implementation of this right, also in the jurisprudence practice of Polish judicial authorities.

Date issued:

2021

Resource Type:

text

Detailed Type:

book   e-book

Identifier:

doi:10.34616/142660   ISBN 978-83-66601-69-7 (druk)   ISBN 978-83-66601-70-3 (online)

Language:

pol

Abstract Language :

eng

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Mariusz Jabłoński, Justyna Węgrzyn

Autor opisu:

WR U/PAdal