A BRIEF REVIEW OF THE CASE LAW ON THE RIGHT “TO BE FORGOTTEN”

Abstract

Modern society is evolving at a faster pace than before and this process is driven by the technological progress and the access to virtual space and Internet. Physical exchange of information is being replaced by its virtual double which offers faster speeds in quite different dimensions compared to traditional ones. Virtual space reduces distances between different parts of the world, there are no state borders, the individual has the ability to provide and create electronic content from anywhere in the world.In this space of “limitless” freedom, however, there is an inevitable collision between the different interests of individuals which has its reflection in the material world. It is here that the increasing necessity to create rules and regulations for resolving future and already arisen conflicts becomes visible.This report addresses issues related to the deletion/erasure of information on the Internet relating to a particular person, or the so-called right “to be forgotten”. A person may refer to this right when he considers published and publicly available information about him on the network irrelevant, as well as when the information is not correct, is no longer up to date, or the ground for its processing has been dropped. The right “to be forgotten” is a conflict issue that shows both advantages and disadvantages. It offers opportunity for a new beginning and for protection of privacy7, but it is often necessary to restrict it in order to protect the right of the public to be informed and the freedom of speech.The European Union plays an active role in order to place this issue in a legal framework. It established legal regulation in the field with Directive 95/46 / EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data which is interpreted in connection with the Charter of Fundamental Rights of the European Union. The General Data Protection Regulation entered into force in 2018 and replaced Directive 95/46 /EC. Of particular importance for understanding and enforcing of the right “to be forgotten” is the case-law of the Court of Justice of the European Union and the European Court of Human Rights. The role of the courts of the different countries should also not be underestimated.Despite the clarity that this regulation introduces, there are new issues that need to be addressed, such as the criteria for deleting personal information from the virtual space and in which cases the public interest is justified to take precedence over that of the individual and where it is not.