|Opis:||The main part of the master's thesis is The Right to be forgotten that was found by the Court of Justice of the European Union in the Case C-131/12 Google v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González, as well as the changes that are brought in this area by the new General Data Protection Regulation.
The Court of Justice in this ground-breaking judgment stated, that an individual may request a removal of the hyperlinks that are results of a search term by the subject’s name or other related phrases, if it is possible to (directly or indirectly) identify a person. This will mainly be the case, when the information about a person is inaccurate, inadequate, irrelevant or excessive in relation to the purposes of processing. When assessing an individual’s claim, it is necessary to balance the opposing rights and interests concerned, in the context of which into account must be taken the subject’s rights arising from Articles 7 (protection of personal data) and 8 (protection of personal data)of the Charter of Fundamental Rights of the European Union. By processing data, search engines significantly affect the fundamental rights of an individual and allow a third party to obtain more or less detailed profile of him, which would be possible or at least very difficult without the search engine.
The Court’s decision resounded greatly in the media and got a lot of criticism. But the essence of the judgment in question is precisely that in certain cases, data protection and the Right to privacy as two fundamental rights prevail over the economic interests of the search engines and the Freedom of expression.
The master's thesis is divided into five parts. In the introductory section, for the purpose to outline the problem more understandably, there is a brief summary of the judgment of the Court of Justice of the European Union, its effects and the legal issues raised by the decision. At the same time, hypotheses are given in which they are placed into a critical assessment. The second chapter serves primarily to further understanding of the judgment and to facilitate the justification of the criteria that justify the erasure. Since all of the Member States of the European Union are also signatories to the European Convention on Human Rights and Fundamental Freedoms, the chapter also deals with the legal relationship between the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, which forces the author to partly raise the question of the coherence of The Right to be forgotten with the Convention Law. All three fundamental human rights, The Right to privacy, The Protection of personal data and The Right to freedom of expression, are taken into consideration, rights on which balancing is fundamental in relation and required to assess the subjects removal requests. Since the Emphasis of the master's thesis is to assess The Right to be forgotten, which is discussed in chapter three, all three fundamental rights are assessed limited only to the extent which is necessary to better understand this master's thesis. The main chapter of the master's thesis focuses directly on The Right to be forgotten, its historical development, the analysis of the judgment and the criteria that are crucial for the interpretation the of individual's claim. Because on 25th of May 2018 the General Data Protection Regulation shall apply, which has greatly renewed the Data Protection Directive provisions, the fourth section focuses on just that and the regulation of The Right to be forgotten in the relevant Regulation. In particular, the author notices, that it is possible to wider interpretation and use of The right to be forgotten. A critical assessment of the statutory provisions of the General Data Protection Regulation is expressed and the chapter also constitutes solutions to some of the deficiencies of the right in question in the new Regulation. In the last chapter, the author examin|