Claudia Koddea, ‘Germany’s “Right to be forgotten” – between the freedom of expression and the right to informational self-determination’

Abstract:
Although never having defined it explicitly, German law and jurisprudence imparted a right to be forgotten which could be described as a right to delete long ago. Its basis can be found in the constitution where it is torn between the freedom of expression and the right to informational self-determination. Also, German legislature introduced non-constitutional provisions ensuring the deletion of personal data in specific cases that are applied regularly. This article aims to give an overview of the ‘German’ right to be forgotten, its legal framework and its application in court.

Claudia Koddea, Germany’s ‘Right to be forgotten’ – between the freedom of expression and the right to informational self-determination. International Review of Law, Computers and Technology. DOI: 10.1080/13600869.2015.1125154.

First posted 2016-03-01 13:39:53

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