National Repository of Grey Literature 1 records found  Search took 0.01 seconds. 
Right to be forgotten as part of personality rights
Vítek, Dominik ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Šustek, Petr (referee)
Dominik Vítek 1 Abstract - Right to be forgotten as part of personality rights Right to be forgotten (or also right to oblivion) is a new phenomenon formed by the Court of Justice of the European Union in 2014 in the case of Google Spain. The right was then enacted as part of the General Data Protection Regulation and consequently became applicable throughout the EU and EEA since 25 May 2018. This thesis goes beyond the scope of personal data protection (under the GDPR) and considers whether the right to be forgotten forms a part of the personality and the right to privacy as such, thus being protected as a fundamental human right. On this basis, it also considers whether not only individuals but also legal entities could benefit from the right to be forgotten. These questions are assessed in view of the conflict of fundamental human rights and their proportionality test - right to privacy (also relying on and stemming from human inviolability and dignity) as balanced against other human rights, in particular, freedom to speech and freedom of information that need to be evaluated when performing the right be forgotten. It is also necessary to consider the purpose and fundamental principles of privacy and its protection and the purpose of forgetting and its meaning for individuals and society as a whole. All...

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