2021Unpublished venueRequires access

The right to be forgotten in the European Union

Ilaria Mattesi

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Abstract

The European evolution of the right to be forgotten in the transition to the digital age. An historical-legal reconstruction of the right to privacy in the Anglo-Saxon tradition and its influence on the evolution of data protection. The evolution of the right to be forgotten in the European Union. The main principles on the EU right to be forgotten that emerged until 2012. The right to be forgotten in the GDPR and the difficult balance with pther rights: the alternative solutions to the right to erasure and the interplay with the EU e-privacy directive. The new proposal for an EU regulation in data protection. The right to erasure as a renewed ‘right to be forgotten’ in the framework of the GDPR. The extra-territorial implications of the rught to be forgotten and the transfer of data to extra-European countries: critical issues. Google v. CNIL: the extraterritorial application of the right to be forgotten. “The European cloud”: the EU will be a leader in data protection? Critical issues of the ECJ ruling on territorial scope implications, a path that is not always linear.

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What this paper is about

The European evolution of the right to be forgotten in the transition to the digital age. An historical-legal reconstruction of the right to privacy in the Anglo-Saxon tradition and its influence on the evolution of data protection. The evolution of the right to be forgotten in the European Union. The main principles on the EU right to be forgotten that emerged until 2012. The right to be forgotten in the GDPR and the difficult balance with pther rights: the alternative solutions to the right to erasure and the interplay with the EU e-privacy directive. The new proposal for an EU regulation in data protection. The right to erasure as a renewed ‘right to be forgotten’ in the framework of the GDPR. The extra-territorial implications of the rught to be forgotten and the transfer of data to extra-European countries: critical issues. Google v. CNIL: the extraterritorial application of the right to be forgotten. “The European cloud”: the EU will be a leader in data protection? Critical issues of the ECJ ruling on territorial scope implications, a path that is not always linear.

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Available abstract

The European evolution of the right to be forgotten in the transition to the digital age. An historical-legal reconstruction of the right to privacy in the Anglo-Saxon tradition and its influence on the evolution of data protection. The evolution of the right to be forgotten in the European Union. The main principles on the EU right to be forgotten that emerged until 2012. The right to be forgotten in the GDPR and the difficult balance with pther rights: the alternative solutions to the right to erasure and the interplay with the EU e-privacy directive. The new proposal for an EU regulation in data protection. The right to erasure as a renewed ‘right to be forgotten’ in the framework of the GDPR. The extra-territorial implications of the rught to be forgotten and the transfer of data to extra-European countries: critical issues. Google v. CNIL: the extraterritorial application of the right to be forgotten. “The European cloud”: the EU will be a leader in data protection? Critical issues of the ECJ ruling on territorial scope implications, a path that is not always linear.

Key concepts: Right to be forgotten, European union, General Data Protection Regulation, Data Protection Directive, Political science, The Right to Privacy, Data Protection Act 1998, Directive

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