Human right to be forgiven

Abstract

The article examines in detail the concept of “a person’s right to be forgotten” as an important aspect of a natural person’s right to information about himself, which allows a person to demand the removal or destruction of his personal information. The question is also devoted to the main aspects of the history and development of the “right to be forgotten” concept.

The author states that a significant contribution to the regulation of the right to be forgotten within the framework of the legislation on personal data protection was made by the European Union. After all, EU Regulation 2016/679 defines the conditions for obtaining this right, the conditions for fulfilling requests to delete information about yourself, and the circumstances under which this right may be limited. However, this Regulation does not take into account the entire amount of personal information, which complicates the process of realizing the human right to be forgotten.

It has been determined that different countries develop their own approaches to the right to be forgotten. It was found that the current legislation of Ukraine provides for two stages of “forgetting”: a court decision and filing a complaint for violation of the terms of consent to the processing and storage of personal data.

At the same time, the decision of the European Court, which became key in the world judicial practice regarding the human right to be forgotten, was considered. In addition, the balance between the right to be forgotten and freedom of information is described. The public interest and ethical aspects in the context of the right to be forgotten are studied. The need for transparency and a balanced approach to the researched law is substantiated.

The technical aspects of the human right to be forgotten and the challenges they generate are also described. The complexity of technical data deletion and the challenges of data caching and indexing have been studied. The general aspects of ensuring the security and protection of data during deletion are identified, as well as the impact of artificial intelligence and automation on the human right to be forgotten.