Published: 2024-07-05

The “right to be forgotten” and having the record of a conviction spent or expunged

Dawid Chaba , Jan Kluza
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2024.24.2.12

Abstract

The legal sources of a person’s “right to be forgotten” and having the record of a conviction spent or expunged go back the right to have personal data protected and criminal law. Although the two concepts concern the protection of individual rights, they are associated with different contexts and carry different implications. The relationship between these two institutions was considered by the European Court of Human Rights in its judgment of June 22, 2021 (57292/16, Hurbain v. Belgium). Te aim of this article is to determine whether an offender’s right to have a conviction spent or expunged under the General Data Protection Regulation may constitute the grounds to have their personal data anonymised in a newspaper article published after the expungement period. The basic research problem addressed in this article is the relationship between “the right to be forgotten” under the GDPR and the expungement of a conviction as regulated by the legislation of a given country. We adopt a working hypothesis that offenders’ “right to be forgotten” resulting from the provisions for the protection of personal data includes the right to have their conviction expunged and their personal data anonymised.

Keywords:

protection of personal data, expungement of a conviction, the right to be forgotten, freedom of speech

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Citation rules

Chaba, D., & Kluza, J. (2024). The “right to be forgotten” and having the record of a conviction spent or expunged. Zeszyty Prawnicze, 24(2), 201–227. https://doi.org/10.21697/zp.2024.24.2.12

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