The case note analyses the resolution of 6 November 2019 of the 1st Senate of the German Federal Constitutional Court (BVerfG) (register number 1 BvR 16/13), concerning the right to be forgotten. It deals with the application of the fundamental rights of the German Basic Law as the primary standard of examination with regard to the enforcement of specialised law under EU law (namely, media privilege under data protection law). It delves into the scope of protection of the expression of general personality rights against threats caused by the dissemination of personal reports and information as part of public communication in an online press archive.
Carlo Alberto Giusti, Filippo Luigi Giambrone, The relationship between European law and German law regarding the protection of the right to be forgotten as a fundamental right: the right to oblivion in the judgement of the German Constitutional Court “Right to be forgotten I” from a comparative point of view, in media laws, Rivista di diritto dei media 2/2022 settembre (FASCIA A),pp. 270-284, ISSN 2532-9146
Filippo Luigi Giambrone
2022-01-01
Abstract
The case note analyses the resolution of 6 November 2019 of the 1st Senate of the German Federal Constitutional Court (BVerfG) (register number 1 BvR 16/13), concerning the right to be forgotten. It deals with the application of the fundamental rights of the German Basic Law as the primary standard of examination with regard to the enforcement of specialised law under EU law (namely, media privilege under data protection law). It delves into the scope of protection of the expression of general personality rights against threats caused by the dissemination of personal reports and information as part of public communication in an online press archive.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
