The subject of the research is 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 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 five 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; 4) the case of the “Panama Papers†; 5) the case of the website of an Italian region. In this way, it will be possible to identify the legal problem characterizing the five cases in order to identify the concrete operational rules adopted for their solution.
CASES AND ISSUES OF THE RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN) UNDER THE ARTICLE 17 OF REGULATION (EU) 2016/679
Ramaccioni
2024-01-01
Abstract
The subject of the research is 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 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 five 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; 4) the case of the “Panama Papers†; 5) the case of the website of an Italian region. In this way, it will be possible to identify the legal problem characterizing the five 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.
