vergissingsrecht

Vergissungsrecht, a German legal term, translates to "right of forgetfulness" or more accurately, the "right to be forgotten." It is a concept that has gained prominence in discussions surrounding data privacy and the internet. In essence, vergissungsrecht refers to an individual's entitlement to have certain personal data removed or made inaccessible, particularly when that data is outdated, irrelevant, inaccurate, or unlawfully processed.

The origins of this right can be traced to the development of data protection laws, particularly in Europe, with the General Data Protection Regulation (GDPR) playing a significant role in its modern interpretation. Article 17 of the GDPR explicitly outlines the "right to erasure," often referred to as the "right to be forgotten." This right allows individuals to request the deletion of their personal data under specific circumstances, such as when the data is no longer necessary for the purpose it was collected, or when consent for processing is withdrawn and there is no other legal ground for processing.

However, vergissungsrecht is not an absolute right. It is balanced against other fundamental rights, such as freedom of expression and information, and legitimate public interests. For instance, data that is necessary for legal obligations, public health reasons, or archiving purposes in the public interest may not be subject to erasure. The application of vergissungsrecht often involves a case-by-case assessment to weigh the individual's privacy concerns against the public's right to access information. This concept has led to significant legal debates and court rulings, particularly concerning search engine liability for displaying links to outdated or damaging information.