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"You're forgiven, not forgotten" : The coherence of the right “to be forgotten” in Germany and the EU

Wasser, M. (2020) "You're forgiven, not forgotten" : The coherence of the right “to be forgotten” in Germany and the EU.

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Abstract:Violation of fundamental rights is a sensitive topic in the European context, as the judicial authority is not explicitly determined. The EU has developed measures in the past to protect basic rights for their citizens, the more recent legislature of the EU concerning personal data protection may overlap with national legislatures. This research tries to exemplify the background and reasoning behind judicial clashes between Member States and the EU, as well as the alteration of fundamental rights into the digital realm. One of them is the fundamental right to have all concerned data being deleted from the internet, better known as the right to be forgotten. To understand the development of fundamental rights in the age of digitalization and big data gathering, this paper gives insights about the key conceptions of the right to be forgotten and how it is enshrined in the German national constitution as well as the EU treaties. As to give more perspectives on how the right to be forgotten is enforced, the research analyses how this fundamental right is expressed in legislative acts as well as court decisions both from a constitutional court perspective as well as the perspective of the European Court of Justice.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:86 law, 88 social and public administration, 89 political science
Programme:Management Society and Technology BSc (56654)
Link to this item:http://purl.utwente.nl/essays/82360
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