The Protection of Personal Data and the “Right to Data Deletion“

Abstract

The “Right to Data Deletion” or “Right to be Forgotten” is a relatively recent and emerging legal concept with great relevance for internet policies. The progressive evolution and diffusion of search engines and their increasing power demonstrate that a certain degree of protection of the privacy of personal life is indespensable. This article focuses on the jurisdiction of the European Court of Human Rights and the 2014 landmark decision of the Court of Justice of the European Union and the 2019 and 2022 judgements which complement the Court`s prior case-law. The article identifies the main characteristics of the case-law on the interpretation of the fundamental right of data protection. The underlying hypothesis is that the jurisdiction of Europe`s two highest courts play an important role in the development of the fundamental rights to privacy and data protection and has an extensive influence on their doctrine. Account is also taken of closely linked legal instruments, such as Art. 17 of the new General Data Protection Regulation.