The EU Proposal for a General Data Protection Regulation and the Roots of the ‘Right to Be Forgotten’

Computer Law & Security Review, Volume 29, Issue 3, June 2013, Pages 229–235

13 Pages Posted: 29 Jul 2014 Last revised: 14 Jul 2015

See all articles by Alessandro Mantelero

Alessandro Mantelero

Polytechnic University of Turin - Department of Management and Production Engineering

Date Written: June 28, 2013

Abstract

The EU Proposal for a General Data Protection Regulation has caused a wide debate between lawyers and legal scholars and many opinions have been voiced on the issue of the right to be forgotten. In order to analyse the relevance of the new rule provided by Article 17 of the Proposal, this paper considers the original idea of the right to be forgotten, pre-existing in both European and U.S. legal frameworks. This article focuses on the new provisions of Article 17 of the EU Proposal for a General Data Protection Regulation and evaluates its effects on court decisions. The author assumes that the new provisions do not seem to represent a revolutionary change to the existing rules with regard to the right granted to the individual, but instead have an impact on the extension of the protection of the information disseminated on-line.

Keywords: Right to be forgotten, General Data Protection Regulation, Directive 95/46/EC

JEL Classification: K1, K2, K10

Suggested Citation

Mantelero, Alessandro, The EU Proposal for a General Data Protection Regulation and the Roots of the ‘Right to Be Forgotten’ (June 28, 2013). Computer Law & Security Review, Volume 29, Issue 3, June 2013, Pages 229–235, Available at SSRN: https://ssrn.com/abstract=2473151

Alessandro Mantelero (Contact Author)

Polytechnic University of Turin - Department of Management and Production Engineering ( email )

Corso Duca degli Abruzzi, 24
Torino, 10129
Italy

HOME PAGE: http://staff.polito.it/alessandro.mantelero/

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