THE RIGHT TO ERASURE: WHAT IS THE FRAMEWORK GIVEN TO EU MEMBER STATES?

Abstract

This article analyzes a key piece of EU data protection law – the right to erasure, also called “the right to be forgotten” notably dealt with in the Google Spain ruling of the Court of Justice of the EU. The ruling has put the right to erasure firmly within the post-Lisbon Treaty order of protection of fundamental rights in the EU. The article deals with the background of the right and the effect it has on data protection enforcement in Member States. Special attention is brought to several questions raised by the ruling, which have been until late left to national authorities to resolve.