The Internet is overwhelmed by personal data, that are massively collected and traded, and it is quite common in our everyday life to hear news concerning cyber-attacks, or generally cyber-threats that, increasingly, have the purpose of violating users’ data. Moreover, States on an international level have shown serious difficulties in creating binding treaties to protect efficiently the data subjects as some recent scandals proved. In fact, with the growing importance and involvement of personal data it will be difficult to think at all the authorities to prevent or to countercheck efficiently the future cyber-threats and so I would like to show in the following chapters how the right to be forgotten might become the crucial factor with which individuals can protect themselves and their rights.
Furthermore, I will try to analyze the right to be forgotten and its relevancy for cybersecurity within three fundamental aspects. Firstly, how EU citizens may use appropriately the right to be forgotten to prevent the harmfulness of cyber-attacks; secondly, which are the limits of this right in order not be itself prejudicial for cyber-security, eventually the tensions among citizens, governments and enterprises in ensuring protection and security.
The right to be forgotten has been analyzed by the European Court of Justice in “Google Spain Case” taking as a reference point the directive 95/46. In the judges’ opinion, Google and the other search engines must be considered as “the controllers” and they have the duty to erase those data that have not any more a public interest that justifies them, and if there is an order laid down by a judge.
In this research I am taking into account some issues of Italian National Law, that can be useful to extend the reasonings analogically to other Countries. Furthermore, to analyze the digital education of the data subjects I am taking as an example Singapore.
Table of Contents
1. INTRODUCTION
2. ELEMENTS OF THE RIGHT TO BE FORGOTTEN
3. HOW ARE CITIZENS AWARE OF CYBER-THREATS? A BRIEF ANALYSIS
4. THE “HARD” ROLE OF THE RIGHT TO BE FORGOTTEN: CYBERCRIMES
5. BALANCING THE RIGHT TO BE FORGOTTEN WITH ITS LIMIT. CONCLUSION
Research Objectives and Themes
The primary objective of this research paper is to examine the relevance of the "Right to be Forgotten," as established by the European Court of Justice, within the modern context of cybersecurity and the protection of digital rights for individuals.
- The intersection of European data protection law and cybersecurity challenges.
- Public awareness and digital education regarding cyber-threats.
- The role of the Right to be Forgotten in mitigating damages from cybercrimes like revenge-porn and harassment.
- Balancing individual privacy rights against state interests and public security.
- The legislative tension between data retention mandates and personal digital autonomy.
Excerpt from the Book
4. THE “HARD” ROLE OF THE RIGHT TO BE FORGOTTEN: CYBERCRIMES
It is necessary to move on the analysis on how the right to be forgotten may ensure protection to all those citizens that are victims of some of the most disgusting crimes in the cyber-space, such as harassments and cyber-discrimination, revenge-porn, cyber-bullying, and even threats of physical violence.
In fact, since the birth of the internet, a lot of people felt free to commit these horrible crimes, encouraged by the possibility of anonymizing their identities and because of the European judicial systems, completely incapable of granting justice to all the victims, especially at the beginning of the cyberspace era.
Unfortunately, even if we take into account only Italy, we are overwhelmed by tragic news report, sometimes with catastrophic consequences. Some celebrities, mostly girls engaged often in televisions, woke up one day with their most intimate pictures spread worldwide.
These events gave to the Italian Public opinion the possibility to be aware of cybercrimes and committed the Italian newspapers and the politicians to start a serious discussion about cybercrimes. Usually, the victims of these cyber-crimes are girls, in most of the cases of revenge-porn. In Italy it has been famous the case of Tiziana Cantone, a girl who committed suicide after her private video has been spread online. This is the worst example of the possible inefficiencies of a common judicial system in dealing with one of the most common cybercrimes.
Summary of Chapters
1. INTRODUCTION: This chapter introduces the "Google Spain" case and outlines the growing importance of the Right to be Forgotten in the context of increasing cyber-attacks and inadequate international data protection treaties.
2. ELEMENTS OF THE RIGHT TO BE FORGOTTEN: This chapter defines the core legal elements of the right to be forgotten and addresses its non-absolute nature by exploring its relationship with criminal law, constitutional rights, and cybersecurity.
3. HOW ARE CITIZENS AWARE OF CYBER-THREATS? A BRIEF ANALYSIS: This chapter investigates public awareness of cyber-threats through the example of Singapore and highlights the necessity of fostering a "new conscious of the risks" among EU citizens.
4. THE “HARD” ROLE OF THE RIGHT TO BE FORGOTTEN: CYBERCRIMES: This chapter examines the protective role of the right to be forgotten for victims of severe cybercrimes, such as revenge-porn, and suggests the need for fast-track removal mechanisms.
5. BALANCING THE RIGHT TO BE FORGOTTEN WITH ITS LIMIT. CONCLUSION: This chapter discusses the inherent tension between the right to be forgotten and public interest, while critically evaluating state-mandated data retention policies in Italy.
Keywords
Right to be Forgotten, GDPR, Cybersecurity, Google Spain Case, Data Protection, Cybercrimes, Revenge-porn, Digital Evidence, Privacy, European Court of Justice, Data Retention, Internet Security, Fundamental Rights, Data Subjects, Digital Education.
Frequently Asked Questions
What is the core subject of this research paper?
The paper explores the application and significance of the "Right to be Forgotten" as a potential tool for individuals to protect themselves against modern cyber-threats and cybercrimes.
What are the central themes discussed in the work?
The central themes include legal data protection frameworks, the evolution of digital threats, the role of search engine controllers, and the complex balance between individual privacy and public security.
What is the primary objective of the author?
The primary goal is to show how the Right to be Forgotten could serve as a crucial mechanism for individual self-protection in the absence of comprehensive international cybersecurity treaties.
Which scientific or legal methods are utilized?
The author employs a legal analysis method, referencing European Court of Justice jurisprudence (specifically the Google Spain case), GDPR articles, and comparative examples from Italian national law and Singaporean digital education policies.
What does the main body of the work cover?
The main body covers the definition of the right, an analysis of citizen awareness regarding cyber-risks, the protective use of the right against cybercrimes, and the challenges of balancing privacy with state-level data retention.
Which keywords best characterize this research?
Key terms include Right to be Forgotten, GDPR, Cybersecurity, Cybercrimes, Privacy, Data Protection, and Digital Evidence.
How does the author view the Italian "Data-retention" Decree?
The author is highly critical of the decree, arguing that it disproportionately violates citizen privacy by allowing the storage of telephonic and internet data for excessive periods without proper legislative justification.
What specific solution does the author propose for victims of revenge-porn?
The author proposes a fast-track removal mechanism that operates independently of slow judicial trials, allowing search engines or websites to suspend access to sensitive, non-consensual content quickly.
Is the Right to be Forgotten considered an absolute right?
No, the author emphasizes that the Right to be Forgotten is not an absolute right and must be carefully balanced against other fundamental principles like the freedom of expression and information.
- Arbeit zitieren
- Antonio Boscarino (Autor:in), 2018, How the European Court of Justice Case "right to be forgotten" can be relevant for cybersecurity, München, GRIN Verlag, https://www.grin.com/document/431011
