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RIGHT TO BE FORGOTTEN – INDEED A NEW PERSONAL RIGHT IN DIGITAL EU MARKET?

Rajko Knez ; Faculty of Law University of Maribor, Maribor, Slovenia


Puni tekst: engleski pdf 163 Kb

str. 31-44

preuzimanja: 504

citiraj


Sažetak

The article analyses the judgment in case Google Spain, C-131/12, in which the Court of justice of the EU (CJEU) decided that search engines do bear certain part of a responsibility to protect privacy, although that they are not the author of certain information, nor they change the substance of such an information. The sole argument that they help searching certain information is, for the CJEU, enough to nclude them in the circle of persons, who are not without responsibility regarding different internet services. The decision has huge effects and as it is seen from the literature, much bigger and more comprehensive than the CJEU wanted. The article argues that this decision does not mean (not yet) a right to be forgotten as it could be understood from the outset. Namely, certain information, which somebody wanted to have removed, is still there, somewhere in the internet, just we cannot fi nd it any more (unless we know the internet address or other criteria, not the name, which could help us find it).

Ključne riječi

right to be forgotten; privacy; public persons; media; internet; search engines; right to be informed; freedom to speech; defamation; legal remedies against media

Hrčak ID:

160582

URI

https://hrcak.srce.hr/160582

Datum izdavanja:

29.6.2016.

Posjeta: 1.224 *