TY - CHAP
T1 - The Right to Be Forgotten in Denmark
AU - Motzfeldt, Hanne Marie
AU - Næsborg-Andersen, Ayo
PY - 2020
Y1 - 2020
N2 - The General Data Protection Regulation (hereinafter the GDPR) and the Danish Data Protection Act (hereinafter the DDPA) has been effective since 25 May 2018 (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), see: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=ENG. The Danish Data Projection Act is available in English at https://www.datatilsynet.dk/media/6894/danish-data-protection-act.pdf.). However, the interpretation of the regulation still raises questions in Denmark. Thus, in this article, predictions of future case law are mainly based on the work of the Danish Ministry of Justice on adapting Danish law to the GDPR. This work resulted, among others, in a white paper encompassing more than 1000 pages, published on 24 May 2017 (White paper no. 1565, GDPR – and the legal framework of Danish legislation, available at: http://justitsministeriet.dk/nyt-og-presse/pressemeddelelser/2017/nye-regler-styrker-beskyttelsen-af-persondata-i-europa.). In Denmark, case law traditionally stays close to the evaluations and considerations set forth in such white papers and other preparatory works. The predictions must therefore be considered to be founded on a realistic and sound basis.
It should be noted that, in accordance with the systematics of the GDPR, the right to be forgotten is in the following regarded as a right related to information which is correct, and otherwise handled legally. In connection to this distinction, reference is made to chapter II of the GDPR on the rights of the data subjects, section 3. This states that article 16 regulates the correction of inaccurate personal data, while article 17 establishes a right to erase correct personal data—and in the header’s brackets, reference is made to the “right to be forgotten”.
AB - The General Data Protection Regulation (hereinafter the GDPR) and the Danish Data Protection Act (hereinafter the DDPA) has been effective since 25 May 2018 (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), see: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=ENG. The Danish Data Projection Act is available in English at https://www.datatilsynet.dk/media/6894/danish-data-protection-act.pdf.). However, the interpretation of the regulation still raises questions in Denmark. Thus, in this article, predictions of future case law are mainly based on the work of the Danish Ministry of Justice on adapting Danish law to the GDPR. This work resulted, among others, in a white paper encompassing more than 1000 pages, published on 24 May 2017 (White paper no. 1565, GDPR – and the legal framework of Danish legislation, available at: http://justitsministeriet.dk/nyt-og-presse/pressemeddelelser/2017/nye-regler-styrker-beskyttelsen-af-persondata-i-europa.). In Denmark, case law traditionally stays close to the evaluations and considerations set forth in such white papers and other preparatory works. The predictions must therefore be considered to be founded on a realistic and sound basis.
It should be noted that, in accordance with the systematics of the GDPR, the right to be forgotten is in the following regarded as a right related to information which is correct, and otherwise handled legally. In connection to this distinction, reference is made to chapter II of the GDPR on the rights of the data subjects, section 3. This states that article 16 regulates the correction of inaccurate personal data, while article 17 establishes a right to erase correct personal data—and in the header’s brackets, reference is made to the “right to be forgotten”.
U2 - 10.1007/978-3-030-33512-0_4
DO - 10.1007/978-3-030-33512-0_4
M3 - Book chapter
SN - 978-3-030-33511-3
T3 - Ius Comparatum - Global Studies in Comparative Law
SP - 17
EP - 100
BT - The Right To Be Forgotten
A2 - Werro, Franz
PB - Springer
ER -