Pregledni rad
EU RIGHT TO BE FORGOTTEN AND GLOBAL INTERNET: ENFORCEMENT OF DELINKING REQUESTS
Nina Gumzej
; Pravni fakultet, Sveučilište u Zagrebu, Zagreb, Hrvatska
Sažetak
The author examines material and procedural aspects of the CJEU's judgment on the right of individuals to seek under certain conditions that the search engine operator delists their personal data, i.e. links to third-party web pages containing that data, in results of search based on their name also in cases where content is lawfully published or not removed from the origin web page. Although often popularly referred to as „decision on the right to be forgotten“, that can be a misleading term since relevant data will not be erased from the Internet and remains available to search engine users using different search terms. According to available data citizens in the EU have been exercising the right to request delisting in accordance with the judgment to a great extent. However, numerous issues emerge in relation to its enforcement. Decision-making on individuals’ request often includes a complex balancing of rights and interests on the Internet. Controversial issue today especially relates to the means of executing links removal, which determines a local (regional) or global effect of relevant individuals’ right. This paper contributes to current and developmental research activities in relation to the judgment and enforcement of individuals' rights and duties of Internet search engines as interpreted therein. Further research in that direction will need to include concrete practice of search engine operators as those making the (first) decision on individuals' requests, and of competent supervisory bodies and courts supervising them, which is currently in development. On a more general level it can be said that the judgment establishes the grounds for extraterritorial regulation of relevant activities of Internet actors providing services on the European market, out of which a significant number with a prevailing share on that market is not established on the European territory. Consequently, further research of open issues relating to enforcement, in a global Internet environment, of rights and duties as interpreted in the judgment will also need to include analysis of relevant new EU framework (proposed General Data Protection Regulation) with a very wide scope as currently proposed, and which is at the moment (still) in legislative procedure.
Ključne riječi
right to be forgotten; Internet search engine; delinking; freedom of expression; privacy and personal data protection
Hrčak ID:
176512
URI
Datum izdavanja:
15.10.2016.
Posjeta: 2.261 *