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The Right to be Forgotten in the European Union Law
Bolková, Edita ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
The Right to be Forgotten in European Union Law Abstract Aim of this thesis was to analyze a rising legal institute called 'right to be forgotten' and to find an appropriate place for substantive form of this right in European Union law (or out of it). This paper explains the term 'right to be forgotten' and puts it into historical and international law context. It was necessary to analyze a term 'privacy' and its conflict with the right to freedom of speech and expression. From this point of view, the groundbreaking judgement of the Court of Justice of the European Union from 2014 in Google Spain case comprising arguments in support of balancing these fundamental rights for the first time set the parameters of the right to be forgotten. The Google Spain case indicated conceptual changes concerning the right to be forgotten in the EU legislature headed by the GDPR effective as of 2018. Loud criticism against the European Commission's idea of the right to be forgotten declares how controversial this legal institute is. Article 17 of the GDPR as the most questionable provision of the regulation is finally called 'Right to erasure ('right to be forgotten')' which is an obvious compromise in order to satisfy both the critics and the Commission. Many professionals consider the right to be forgotten as an...

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