Hovsep Kocharyan, Lusine Vardanyan, Ondrej Hamuľák, T. Kerikmäe
{"title":"Critical Views on the Right to Be Forgotten After the Entry Into Force of the GDPR: Is it Able to Effectively Ensure Our Privacy?","authors":"Hovsep Kocharyan, Lusine Vardanyan, Ondrej Hamuľák, T. Kerikmäe","doi":"10.2478/iclr-2021-0015","DOIUrl":null,"url":null,"abstract":"Summary This scientific paper is devoted to the critical analysis of the right to be forgotten after the entry into force of the GDPR, including the analysis of the existing case-law of the Court of Justice of the European Union (hereinafter – the CJEU) on the above right, as well as the legislative experience of the EU member States. The main research questions of this paper are as follows: Does the right to be forgotten effectively protects human privacy? What are the main shortcomings of the right to be forgotten in law enforcement practice? How can such shortcomings be corrected in order to improve the effectiveness and practicality of the right to be forgotten? The authors try to find reasonable solutions to the practical issues related to the realization of the right to be forgotten and offer their vision of improving the effectiveness of this right in the European legal practice.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"21 1","pages":"96 - 115"},"PeriodicalIF":0.0000,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"8","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International and Comparative Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2478/iclr-2021-0015","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 8
Abstract
Summary This scientific paper is devoted to the critical analysis of the right to be forgotten after the entry into force of the GDPR, including the analysis of the existing case-law of the Court of Justice of the European Union (hereinafter – the CJEU) on the above right, as well as the legislative experience of the EU member States. The main research questions of this paper are as follows: Does the right to be forgotten effectively protects human privacy? What are the main shortcomings of the right to be forgotten in law enforcement practice? How can such shortcomings be corrected in order to improve the effectiveness and practicality of the right to be forgotten? The authors try to find reasonable solutions to the practical issues related to the realization of the right to be forgotten and offer their vision of improving the effectiveness of this right in the European legal practice.