“The Right to be Remembered?”: The Contemporary Challenges of the “Streisand Effect” in the European Judicial Reality

Abstract

Summary The protection of human privacy is one of the most disputable topics of European human rights law. That is why the judicial practice of the European Supranational Courts is rich in numerous decisions in this area, since human privacy is one of the most violated human rights, especially in the context of the development of digital technologies. Trying to find protection of their rights through institutional mechanisms of human rights (in particular, through the CJEU and the ECtHR), the applicant often finds himself/herself in a more difficult position: he/she becomes even more an object of public discussion. This phenomenon is especially vividly illustrated by the judicial practice of the European Supranational Courts in the field of protection of the right to be forgotten, which will be paid attention to in this research. At the same time, some suggestions will also be put forward to strengthen the effectiveness of protecting the confidentiality of applicants in the judicial decisions of the Courts.