DREPTUL LA ȘTERGEREA DATELOR CU CARACTER PERSONAL ÎN JURISPRUDENȚA INSTANȚELOR NAȚIONALE ȘI EUROPENE
The Right to Delete of Personal Data in The Jurisprudence of National and European Courts

Author(s): Alexandru GEORGESCU
Subject(s): International Law
Published by: Universul Juridic
Keywords: data protection; forgotten right; principle of confidentiality; Google Spain; Directive 95/46 EC; Regulation 2016/679/ EU;
Summary/Abstract: The notion of the right to erasure personal data - right to be forgotten, isn’t new. Although there are other legislation and especially legal cases where the right to be forgotten plays or played an important role, it has been predominantly a European matter. The right to be forgotten entered the EU privacy with 2014 judgement of the Court of Justice of the EU under Directive 95/46/EC, in case C-131/12 indeed involving Google.Under General Data Protection Regulament(GDPR), the right to erasure represent a fundamental data subject right in and beyond the context of publicly available personal information. As most rights it is not absolute. From this point of view it’s very important to observe interpretation of jurisprudence in the light of GDPR Recital 65 among others covers a data suebject’s right to have personal data concerning him/her rectified and the right of erasure where retention of the personal data would infringe the provisions of the GDPR or another applicable laws.

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