被宽恕的人权

Vadim Roskhaniuk, D. Byelov, M. Bielova
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引用次数: 0

摘要

文章详细探讨了 "个人被遗忘权 "这一概念,它是自然人自身信息权的一个重要方面,允许个人要求删除或销毁其个人信息。该问题还专门讨论了 "被遗忘权 "概念的历史和发展的主要方面。作者指出,欧盟为在个人数据保护立法框架内规范 "被遗忘权 "做出了重大贡献。毕竟,欧盟第 2016/679 号条例规定了获得这项权利的条件、满足删除个人信息请求的条件以及在哪些情况下可以限制这项权利。然而,该条例并没有考虑到个人信息的全部数量,这使得实现被遗忘人权的过程变得更加复杂。不同国家对被遗忘权的处理方法各不相同。研究发现,乌克兰现行法律规定了 "被遗忘 "的两个阶段:法院裁决和对违反个人数据处理和存储同意条款的行为提出申诉。与此同时,还考虑了欧洲法院的裁决,该裁决成为世界司法实践中有关被遗忘人权的关键。此外,还介绍了被遗忘权与信息自由之间的平衡。研究了被遗忘权方面的公共利益和伦理问题。对所研究法律的透明度和平衡方法的必要性进行了论证。还介绍了被遗忘人权的技术方面及其带来的挑战。研究了技术数据删除的复杂性以及数据缓存和索引的挑战。确定了在删除过程中确保数据安全和保护的一般方面,以及人工智能和自动化对被遗忘的人权的影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Human right to be forgiven
The article examines in detail the concept of “a person’s right to be forgotten” as an important aspect of a natural person’s right to information about himself, which allows a person to demand the removal or destruction of his personal information. The question is also devoted to the main aspects of the history and development of the “right to be forgotten” concept. The author states that a significant contribution to the regulation of the right to be forgotten within the framework of the legislation on personal data protection was made by the European Union. After all, EU Regulation 2016/679 defines the conditions for obtaining this right, the conditions for fulfilling requests to delete information about yourself, and the circumstances under which this right may be limited. However, this Regulation does not take into account the entire amount of personal information, which complicates the process of realizing the human right to be forgotten. It has been determined that different countries develop their own approaches to the right to be forgotten. It was found that the current legislation of Ukraine provides for two stages of “forgetting”: a court decision and filing a complaint for violation of the terms of consent to the processing and storage of personal data. At the same time, the decision of the European Court, which became key in the world judicial practice regarding the human right to be forgotten, was considered. In addition, the balance between the right to be forgotten and freedom of information is described. The public interest and ethical aspects in the context of the right to be forgotten are studied. The need for transparency and a balanced approach to the researched law is substantiated. The technical aspects of the human right to be forgotten and the challenges they generate are also described. The complexity of technical data deletion and the challenges of data caching and indexing have been studied. The general aspects of ensuring the security and protection of data during deletion are identified, as well as the impact of artificial intelligence and automation on the human right to be forgotten.
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