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The Right To Be Forgotten: A Comparative Study of the Emergent Right's Evolution and Application in Europe, the Americas, and Asia

Edited by: Franz Werro

ISBN13: 9783030335113
Published: March 2020
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £129.99
Paperback edition , ISBN13 9783030335144



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This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today's world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.

Subjects:
Data Protection
Contents:
The Right to be Forgotten: The General Report Congress of the International Society of Comparative Law, Fukuoka, July 2018
Part I: Europe
Le droit a etre oublie en droit belge
The right to be forgotten in the Czech Republic
Finland: The Right to Be Forgotten
Germany: the Right to Be Forgotten
The Right to Be Forgotten in Ireland
The Right To Be Forgotten in Romania
Before and After the ECJ Judgment in GOOGLE v. GONZALEZ
The Right To Be Forgotten in the UK - A Fragile Balance?
A Turkish Law Perspective on the "Right To Be Forgotten"
Part II: Americas
Argentina: The Right To Be Forgotten
The Right To Be Forgotten According to the Brazilian Precedents
Le de re fe rencement a l'e re nume rique - une approche hybride pour faire le pont entre la vision europe enne et ame ricaine du droit a l'oubli
Part III: Asia
A Japanese Equivalent of the "Right To Be Forgotten": Unveiling Judicial Proactiveness to Curb Algorithmic Determinism
Limits and Prospects of The Right To Be Forgotten in Taiwan