
Distinguished by the fundamental rights of Conv.E.D.O. but the European Court of Human Rights (ECHR), guaranteed by European Union law as a fundamental right, the right to be forgotten in the Internet acts not as an obligation in the service but as a citizen's obligation.
As such, it applies and binds every web site owner, domain, electronic publication, ... even to public authorities.
Let's look at the rule of law:
the provisions of art. 17 REGULATION (EU) 2016/679,
Article 17
EU General Data Protection Regulation
"Right to delete data (" right to be forgotten ")"
=> moje: 65, 66
=> fine administrative: Article 83 (5) lit b
1. The data subject shall have the right to obtain from the controller the deletion of the personal data relating to him without undue delay and the controller shall be required to delete the personal data without undue delay if one of the following reasons :
=> Article: 12, 15, 19
(a) personal data are no longer required for the purposes for which they were collected or processed;
(b) the data subject withdraws his consent under Article 6 (1) (a) or Article 9 (2) (a), and there is no other legal basis for the processing ;
(c) the data subject opposes processing pursuant to Article 21 (1) and there are no legitimate reasons with regard to the processing or the data subject opposes processing under Article 21 (2);
(d) personal data has been processed unlawfully;
=> Article: 18
(e) personal data must be deleted in order to comply with a legal obligation incumbent upon the operator under Union or national law under which the operator is located;
(f) personal data were collected in connection with the provision of information society services referred to in Article 8 (1).
2. Where the operator has made publicly available his personal data and is required to delete it pursuant to paragraph 1, the operator shall, taking into account the available technology and the cost of implementation, take reasonable steps, including technical measures, to inform operators who process personal data that the data subject has requested the deletion by these operators of any links to that data or of any copies or reproductions of such personal data.
=> Article: 70
=> moje: 66
3. Paragraphs 1 and 2a shall not apply to the extent that processing is necessary:
(a) for the exercise of the right to freedom of expression and information;
(b) compliance with a legal obligation under European Union or national law applicable to the operator or for the performance of a task performed in the public interest or in the exercise of an official authority with which the operator is invested;
(c) on grounds of public interest in the field of public health, in accordance with Article 9 (2) (h) and (i) and Article 9 (3);
(d) for purposes of archiving in the public interest for the purposes of scientific or historical research or for statistical purposes, in accordance with Article 89 (1), to the extent that the right referred to in paragraph 1 is likely to render impossible; to seriously affect the achievement of the respective processing objectives; or
(e) for the establishment, exercise or defense of a right in court.
The right to delete data or the right to be forgotten
The right to be forgotten is the right of a person to ask for personal data to be deleted so that third parties can no longer follow them. Another definition of the right to be forgotten may refer to the silence on past events that no longer have continuity.
It will be the problem of some that the name given in an article is not given personal. Let's look at what the ICCJ (High Court of Cassation and Justice) says:
"Personal data (or information on personal data) and public interest information are defined by law:
first, by the provisions of art. 2 par. (1) lit. c) of Law no. 544/2001, according to which information on personal data means any information regarding an identified or identifiable individual, and the provisions of art. 3 par. (1) lit. a) of Law no. 677/2001, according to which personal data is any information regarding an identified or identifiable individual; an identifiable person is the person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, psychological, economic, cultural or social identities;
second, the provisions of art. 2 par. (1) lit. b) of Law no. 544/2001, which states that information of public interest means any information regarding the activities or results of the activities of a public authority or public institutions, regardless of the support or the form or the way of expressing the information.
Therefore, personal data subsumes the general notion of information and, insofar as it regards its activities or results from the activities of a public authority or public institutions, are likely to represent information of public interest, within the meaning of art. 2 par. (1) lit. b) of Law no. 544/2001.
However, in order to enter into this category, an additional condition must be fulfilled, namely to affect the capacity to exercise the public function, because, according to art. 14 par. (1) of the Law no. 544/2001, Information on the citizen's personal data may become information of public interest only insofar as it affects the capacity to exercise a public office.
In the absence of this condition, the personal data are exempt from the free access of the citizens, in this respect the express provisions of art. 12 par. (1) lit. a) of Law no. 544/2001, according to which it is exempt from the free access of the citizens, stipulated in art. 1 and Art. 111, the following information: (d) information on personal data, according to law
As to the first question, since both Art. 2 par. (1) lit. c) of Law no. 544/2001, as well as art. 3 par. (1) lit. a) of Law no. 677/2001 defines personal data as any information about a natural person and bearing in mind that surname and surname are the main identification attributes of the person, it is indifferent whether in a given situation these are or not sufficient to identify the person. Indeed, the legal provisions mentioned do not make the protection of personal data conditional on the fulfillment of such a condition and this situation finds its justification in the fact that the data can be supplemented from other sources accessible to the interested person.
It follows that the provisions of Art. 2 par. (1) lit. c) of Law no. 544/2001 and art. 3 par. (1) lit. a) of Law no. 677/2001 must be interpreted as meaning that the name and surname of a person represents information relating to personal data, whether in a given situation they are sufficient to identify the person.
As regards the second question, it is noted that, as has been shown, the provisions of Art. 12 par. (1) lit. d) of Law no. 544/2001 exempts personal data from free access of citizens. However, the law does not expressly regulate the situation where information of public interest and information on personal data is present in the same document, regardless of its support or its form or mode of expression, an opportunity for the referring court to formulate the second question.
Since the above-mentioned legal text establishes an exception and considering that the exceptions are strictly interpreted, it follows that, in the case discussed, the law must be interpreted as meaning that each type of information has its legal regime that can not be extended to the other, which means that when information is contained in the same document, it will be made accessible in a censored form by removing all information about an identified or identifiable person. "
MINUTE
"Grant the notice of a preliminary ruling, formulated by the Constanta Court of Appeal Civil Section II, administrative and fiscal litigation, by the conclusion of July 13, 2015, pronounced in File no. 8.392 / 118/2014, and accordingly establishes that:
In interpreting and applying art. 2 par. (1) lit. c) of Law no. 544/2001 and art. 3 par. (1) lit. a) of Law no. 677/2001, the name and surname of a person represents information about personal data, whether in a given situation, it is sufficient or insufficient to identify the person.
In the case of requests for free access to information of public interest based on the provisions of Law no. 544/2001, when the information of public interest and the information regarding the personal data are present in the same document, regardless of the support or the form or way of expressing the information, the access to the public interest information is made by the anonymization information on personal data; the refusal of access to information of public interest, as long as the information on personal data is anonymous, is unjustified.
Obligatory, according to the provisions of art. 521 par. (3) of the Code of Civil Procedure.
Pronounced in the public hearing on 7 December 2015. "
The right to forgotten is, therefore, very important, because some people may even cost their wealth if they do not respect this right.
Marius Leontiuc