Did you find an image or information on Google or Facebook that you don’t want to see there anymore? What are the previous party pictures? In this article, we will show you what the right to be forgotten is.
The protection of personal data is a relatively new area of interest. The digital revolution, the ability to copy data for free and accurately, and the instant connectivity of the entire world through the Internet have given our data such importance that entire industries are now built to protect it. A 2014 EU court ruling created the “right to be forgotten”. We present the basic criteria and practical aspects of this.
1. Can I request that my old image be deleted from Google? or the right to be forgotten in a nutshell
The EU General Data Protection Regulation (commonly known as the GDPR) has given us the opportunity to exercise greater control over our personal data. The right to be forgotten (right to be forgotten) is also part of this package of licenses. We will find out in detail when and how data controllers can request the deletion of your personal data.
Of course, the question may arise as to what we call personal data. According to the current definition of EU law, personal data are “any information relating to an identified or identifiable natural person”. In simpler terms, therefore, it is all information that is identifiable to someone.
If someone writes their height on a piece of paper and it is blown away by the wind, it is not personal information, as it does not have their name on it, so it will not be identifiable. But if we register a user account on a website that asks for our name and date of birth, it is considered personal data, as we have become identifiable with our name, so our date of birth is already applicable to us and thus personal data.
Now that the conceptual framework for the right to forget has been clarified, we can consider why its recognition by EU legislation and enforcement is important. The endless possibilities of the data revolution also pose a serious risk to personal data.
2. What unpleasant situations can we get into if our personal data is handled unauthorized or infringing on us?
We may receive promotional material distributed through direct marketing that we are no longer interested in, such as not wanting to call an insurance agent at three in the afternoon about the details of the new premium package. We may find our previous photos embarrassing on a foreign website and we no longer give our consent to the use of the image. Or we just want to unsubscribe from a mailing list.
3. Who can therefore request the appropriate deletion of data and under what circumstances?
The GDPR 17. to summarize the long and complicated list of Article 1 personal data are no longer required for the purpose for which they were collected. The legislation, of course, lists other cases, but these three legal bases are considered to be the most important in terms of their practical significance for individuals.
For example, if we unexpectedly receive a targeted political ad from a location (such as a robotic government commissioner or mayoral candidate on the phone) and know that we did not consent to the processing of our data by an organization that used it to launch robocalls, we can confidently request that our data be deleted. from a particular party’s database because our personal information may have been compromised.
4. The right of cancellation (right of oblivion) is not unlimited
However, it is important to know that the right to be forgotten is not unlimited, so in some cases the data controller is not obliged to comply with our request to delete our personal data.
The most significant such restrictions are the right to information (obviously the protection of personal data should not mean that society cannot substantially challenge matters of interest to him), the protection of data relevant to public health and the data necessary for law enforcement. The latter should be interpreted as meaning that if e.g. personal data stored on a server would serve as evidence in a lawsuit, so even if we rightly ask the data controller (the owner of the server) to remove it, as this would make it impossible for someone else to assert a legitimate claim.
The right to forget is therefore an important achievement of the Union’s legal order, which may be capable of protecting our personal integrity and interests.
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