PRAVO NA ZABORAV KAO INSTRUMENT ZAŠTITE PRAVA LIČNOSTI U EVROPSKOJ UNIJI
RIGHT TO BE FORGOTTEN AS AN INSTRUMENT OF PROTECTION OF PERSONALITY RIGHTS IN EUROPEAN UNION

Summary/Abstract: The rapid development of technology that has taken place in the last decades has created numerous problems regarding the protection of personality rights. Among them is the problem of unauthorized processing and use of personal data and their unauthorized and misleading public exposure. In European union, the right to be forgotten was actualized in 2014, with the Google v Costeja ruling of European Court of Justice. In it, pursuant to Directive 95/46 /EC, the individuals were authorized to request removal of search results (photographs, personal data, etc.). from Internet browsers that are inappropriate, irrelevant or excessive. The need for a thorough reform of personal data protection in the European Union, driven by outdated regulations and insufficient level of harmonization in this area in the member states, ultimately led to the adoption of a set of new legal instruments, including Regulation 2016/679. This Regulation explicitly and much more precislythen Directive 95/46/EC regulates the right to be forgotten. In this paper, the authors analyze the provisions of the new data protection framework of the European Union, particularly the right to be forgotten, its relation to the right to freedom of expression and information, and the ways to implement this right in practice.

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