Exploring the right to be forgotten in a digital world

Abstract

The General Data Protection Regulation (GDPR) in Europe regulates erasure obligations. This grew out of the test case that derives from the case Google Spain SL, Google Inc v Agencia Española de Protección de Datos, Mario Costeja González (2014). This codified the right to erasure obligations. Personal data must be erased immediately where the data is no longer required for their original purpose, or where consent has been withdrawn. This includes where the data subject has objected and there are no legitimate grounds for the processing. The data subject moves from a passive role in the past to now being an active subject. Their will has a strong impact on the processing of his/her data. It is especially important, when it comes to the fundamental rights of data subjects that rights are clearly defined by the Regulations. The main reason for pursuing these provisions is to protect data subjects in a society where information technology has become a huge part of everyday life. This article seeks to explain the rights of the individual citizen and the responsibilities of organisations. The article also explains the difficulties in applying these principle

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