Robert Szustkowski, the author of the initiative to extend the Right to be Forgotten to the media, expressed his gratitude to the European Commission for its recommendations. He stressed that he will continue to fight for the protection of personal data in the European Union, seeking to introduce more stringent rules.
European Commission analyses the initiative
The recent initiative to extend the EU Directive on the Right to be Forgotten to the media has been the subject of intense analysis by the European Commission over the past few weeks. Following extensive consultations, the Data Protection Unit in the EU Directorate-General for Justice and Consumers, acting on behalf of Executive Vice-President Jourová and Commissioner Reynders, has provided a detailed response to Szustkowski’s request.
Robert Szustkowski’s motion
The motion filed by Robert Szustkowski on 26 June 2024 suggests that individuals should have the right to remove digital references based on false, undocumented or irrelevant information, particularly in the case of defamatory media content. Szustkowski also recommends imposing obligations and liability on the media for inaccuracies and defamation and calls for the development of unified guidelines and reporting mechanisms.
European Commission’s response
The European Commission explained that the GDPR already contains provisions on the protection of personal data that also apply to the media. Article 17 of the GDPR grants data subjects the right to obtain from the controller the deletion of their personal data. In the event that personal data has been made public, the controller is obliged to take steps to inform the controllers processing that data that the data subject has requested the deletion of any links to, or copies or replications of, that data.
Right to freedom of expression and right to data protection
In the context of the right to the protection of personal data, the European Commission has stressed that this is not an absolute right. Article 17(2) of the GDPR provides that the controller is not obliged to erase personal data if the processing is necessary for the exercise of the right to freedom of expression and information. Member States are obliged under Article 85 of the GDPR to reconcile the provisions governing the right to freedom of expression, including journalistic expression, with the right to data protection.
Supervision and enforcement
Supervision and enforcement of data protection rules is the responsibility of national authorities. These authorities are responsible for investigating and deciding on individual cases of alleged infringements of the GDPR and national implementing rules, as well as on possible claims for damages. The European Commission acts as guardian of the Treaties, but it is national authorities who are responsible for direct supervision.
Source: https://www.msn.com/en-us/news/other/the-eu-authorities-have-answered-the-initiative-of-extending-the-“right-to-be-forgotten”-to-the-media/ar-AA1rKTUd?disableErrorRedirect=true&infiniteContentCount=0