„PRAVO NA ZABORAV“ – UPOREDNOPRAVNA ANALIZA

Abstract

By participating in social networks such as Facebook, Twitter and Instagram, network participants are increasingly revealing private information on the Internet. Once published data, whether images or other personal data, can be accessed with virtually no time limit. The idea of developing a "right to be forgotten" for the online area came from the French government. In the meantime, the European Commission has taken up this idea and proposed that, in the context of the revision of the Data Protection Directive 95/46, the "right to be forgotten" be considered in more detail. Although the representatives of the European Commission increasingly pointed out the importance of this right at public hearings, there were obstacles and serious resistance to its introduction, i.e. legal regulation. It was only with the discovery of Edward Snowden about the widespread surveillance of the Internet by the American State Security Agency (NSA) in connection with the increasingly widespread use of the Internet that the question of the need for the "right to be forgotten" became topical again. The author pointed out the specifics of “the right to be forgotten”. In addition, the author dealt with the comparative legal analysis of this institute, and give a special review of the current case law, which has as its subject “the right to be forgotten”. The judgment of the European Court of Human Rights in Hurbain v Belgium provides further clarification of the "right to be forgotten" and a broader approach than that taken in the case law of other courts to balance conflicting legal interests. Recognition of the right of an individual to request a change in the digital archive of a newspaper publisher has expanded the tools for individuals seeking „the right to be forgotten“.