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- Title
Komparace práva být zapomenut a placených alternativ.
- Authors
Mach, Martin
- Abstract
In the European Union, the right to be forgotten is legally enshrined in the Regulation on the protection of natural persons with regard to the processing of personal data and the free movement of such data, known as the GDPR. However, this right has territorial scope only within the EU and applies to its citizens. The Internet is a global phenomenon and so is the desire of internet users to protect their personal data. However, for non-EU users who are unable to exercise the European right to be forgotten, there are alternatives in the form of paid services. This article begins by identifying paid alternatives to the right to be forgotten, examining the area of the greatest prevalence of these services, the US, and the reasons for the greatest prevalence here, and examining the principle on which these paid services operate and how they compare in success with the right to be forgotten. It also addresses the question of whether the right to be forgotten can provide any inspiration for paid alternatives. One possibility that logically presents itself is exploring the potential for reducing the incidence of the Streisand effect. The Streisand effect is an undesirable phenomenon in which an individual's active efforts to remove personal information paradoxically bring that information into even greater notoriety, as happened in the CJEU's Mario Costeja González v Google judgment. The second section of the article thus examines the potential for the Streisand effect to occur in paid alternatives and compares it to the right to be forgotten.
- Subjects
GOOGLE Inc.; EUROPEAN Union; RECOLLECTION (Psychology); RIGHT to be forgotten; PERSONALLY identifiable information; JUDGMENT (Psychology); INTERNET users; ELECTRONIC data processing; DATA protection
- Publication
Pravnik, 2023, Vol 162, Issue 7, p644
- ISSN
0231-6625
- Publication type
Article