The right to be forgotten in the light of the consent of the data subject

Recently, the Court of Justice of the European Union issued decision C-131/12, which was considered a major breakthrough in Internet data protection. The general public welcomed this decision as an actualization of the controversial “right to be forgotten”, which was introduced in the initial draft...

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Bibliographic Details
Published inComputer law & security review Vol. 32; no. 2; pp. 218 - 237
Main Authors Bartolini, Cesare, Siry, Lawrence
Format Journal Article
LanguageEnglish
Published Elsevier Ltd 01.04.2016
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ISSN2212-473X
2212-4748
DOI10.1016/j.clsr.2016.01.005

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Summary:Recently, the Court of Justice of the European Union issued decision C-131/12, which was considered a major breakthrough in Internet data protection. The general public welcomed this decision as an actualization of the controversial “right to be forgotten”, which was introduced in the initial draft for a new regulation on data protection and repeatedly amended, due to objections by various Member States and major companies involved in massive processing of personal data. This paper attempts to delve into the content of that decision and examine if it indeed involves the right to be forgotten, if such a right exists at all, and to what extent it can be stated and enforced.
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ISSN:2212-473X
2212-4748
DOI:10.1016/j.clsr.2016.01.005