The topic addressed in the research concerns the right to erasure (or the right to be forgotten) and its practical application. This right has now taken on great relevance in the European landscape thanks to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Therefore, the study will be characterized by: (i) the analysis of the legislative frame of reference, represented by art. 17 of Regulation; (ii) the verification of the law in action, conducted through the study of three cases resolved out of court, which will allow us to identify the concrete operational rules adopted for their resolution: 1) the case of the online article about the collapse of well-known Italian company; 2) the case of the online article about rigged tenders; 3) the case of the website of the political party. In this way, it will be possible to identify the legal problem characterizing the three cases in order to identify the concrete operational rules adopted for their solution.
RIGHT TO BE FORGOTTEN AND LAW IN ACTION IN THE EUROPEAN AND ITALIAN LEGAL SYSTEM: THE PRACTICAL APPLICATION OF ART. 17 OF REG. (EU) 2016/679 SEEN THROUGH THE STUDY OF CASES SETTLED OUT OF COURT
Giulio RAMACCIONI
2022-01-01
Abstract
The topic addressed in the research concerns the right to erasure (or the right to be forgotten) and its practical application. This right has now taken on great relevance in the European landscape thanks to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Therefore, the study will be characterized by: (i) the analysis of the legislative frame of reference, represented by art. 17 of Regulation; (ii) the verification of the law in action, conducted through the study of three cases resolved out of court, which will allow us to identify the concrete operational rules adopted for their resolution: 1) the case of the online article about the collapse of well-known Italian company; 2) the case of the online article about rigged tenders; 3) the case of the website of the political party. In this way, it will be possible to identify the legal problem characterizing the three cases in order to identify the concrete operational rules adopted for their solution.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
