Vergissungsrecht

Vergissungsrecht, often translated as "right to be forgotten" or "right to erasure," is a legal concept that allows individuals to request the removal of certain personal data from search engine results and other online platforms. This right is primarily enshrined in the General Data Protection Regulation (GDPR) of the European Union, specifically Article 17. The core principle is that individuals should have control over their personal information and the ability to request its deletion when it is no longer necessary, or if consent for its processing has been withdrawn, or if the data was unlawfully processed.

However, the Vergissungsrecht is not absolute. It is balanced against other rights and interests, such as the public's right to information and freedom of expression, as well as legal obligations to retain data. For instance, information that is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest in the area of public health, or for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes may not always be subject to erasure. Search engines and platforms must assess each request on a case-by-case basis, considering the specific circumstances and the nature of the data in question. The implementation and interpretation of this right continue to be a subject of legal debate and evolving jurisprudence.