| Autor: |
BISHAY, Joshua Isaac, KLAASSEN, Pita, VAN DER MEULEN, Lucia, VERHOEVEN, Linde C. H. M. |
| Předmět: |
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| Zdroj: |
European Review of Private Law; 2022, Vol. 30 Issue 2, p349-371, 23p |
| Abstrakt: |
In 2014 the European Court of Justice in the Google Spain case established a 'right to be forgotten'. This case note discusses whether such a right could also be established under the European Convention on Human Rights (ECHR). This analysis is particularly relevant in light of the obligation in Article 52(3) of the EU Charter on Fundamental Rights to offer protection equivalent, or higher, to that offered by the ECHR. This case note provides for an analysis of the Google Spain judgement from the perspective of the ECtHR, focussing on the right to be forgotten with regard to search engines, based on the case law of the ECtHR. We conclude that the right to protection of personal data falls within the scope of Article 8 ECHR to the extent that the publication of the data has a direct impact on the private life of the individual. Moreover, and perhaps more importantly, Article 10 ECHR can provide an important limitation on the protection of personal data where the personal data is of public interest. Therefore, in establishing whether or not there would be a right to be forgotten in a given case, the ECtHR would have to judge to what extent the domestic court fairly balanced the competing rights under Articles 8 and 10 ECHR. Specifically, in relation to the obligations of search engines to protect personal data the case law of the ECtHR is inconclusive. In conclusion, it is reasonable to assume that the ECtHR could recognize a right to be forgotten when posed a similar question, but it is not definitive. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
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