Abstract
This paper contextualizes and analyzes the main emerging approaches to the understanding of the right to be forgotten and its application in praxis, using legislation and judicial practice of the European Union and Ukraine as reference scales. By bridging the gap between positive and interpretative orders of law implementation, which were previously imperatively opposed and considered mutually exclusive in the Ukrainian legal system, the paper supports the arguments that the process of mastering the protection of right to be forgotten requires a further mindset shift equally for-Internet providers and all involved law enforcers.
Highlights
At the present stage of sociolegal development, the concept of the need to establish high standards in the sphere of legal status of a person and the consolidation of individual non-property rights is becoming increasingly important
By bridging the gap between positive and interpretative orders of law implementation, which were previously imperatively opposed and considered mutually exclusive in the Ukrainian legal system, the paper supports the arguments that the process of mastering the protection of right to be forgotten requires a further mindset shift for-Internet providers and all involved law enforcers
Over the past few years, based on the research, conducted by Federico Fabbrini, and Edoardo Celeste (2020), the European framework for data protection has progressively extended its reach outside the jurisdiction of the European Union (EU)
Summary
At the present stage of sociolegal development, the concept of the need to establish high standards in the sphere of legal status of a person and the consolidation of individual non-property rights is becoming increasingly important. In the system of Ukrainian legislation, there is still no single act regulating the application of RTBF, the key definition of this concept has not been defined yet, a bunch of legal norms has not been developed for procedural algorithms for the implementation of this legal structure in practice All this requires from the legislator is a comprehensive study and in-depth research of the factors affecting the possibility of its application to specific categories, as well as determining the prospects for the development of this legal institution. Interoperability of several trends in the complex perception of the right under study is quite a complex process, and it should be considered taking into account the methodological techniques of system analysis and comparative law, consistently comparing those factors that made it possible to use the RTBF in the territory of the European Union and determine the need to apply it in Ukraine
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