THE RIGHT TO BE FORGOTTEN IN UKRAINE AND EUROPEAN COUNTRIES: GENERAL THEORETICAL APPROACHES AND JUDICIAL PRACTICE

Abstract

This article analyzes the right to be forgotten in
the context of its definition and legal recognition in
Ukraine and European countries. The study covers the
theoretical foundations of understanding the right to
be forgotten, including its relationship with the right
to privacy and freedom of speech. The author
proposes to consider the "right to be forgotten" as a
complex right that requires a balance between the
interests of the individual and society. It is stated that
this right is an important tool for protecting the dignity
and reputation of an individual. Particular attention
in the article is paid to the practical application of the
right to be forgotten, including the mechanisms of its
implementation and the balance between the interests
of the individual and society. In this part of the work,
the author examines how the right to be forgotten is embodied in the national legislation of EU countries.
An analysis of the case law of the European Court of Justice and the European Court of Human Rights (ECHR) allowed for an assessment of the effectiveness of legislative norms. The article points to the need for further development of national legislation, taking into account European experience and the challenges of the modern digital world.

Keywords: right to be forgotten, right to privacy, right to human dignity, right to private life, right to resocialization, right to information, digital identity, personal data, European Court of Justice, European Court of Human Rights (ECHR).