THE RIGHT TO BE FORGOTTEN: FROM THEORETICAL CONCEPT TO LEGISLATIVE IMPLEMENTATION IN UKRAINE

Abstract

This article is devoted to a comprehensive study of the right to be forgotten as the latest form of exercising the right to privacy in the digital age and an analysis of the peculiarities of its legislative implementation in Ukraine. The relevance of the issue is due to the rapid growth in the volume of personal data circulating in the electronic environment and forming a permanent digital presence of a person, which often goes beyond their control. In such conditions, there is a need for legal mechanisms that allow individuals to manage their own digital identity, in particular to request the removal or restriction of the dissemination of outdated or harmful information. The paper analyzes the evolution of the right to be forgotten from a doctrinal concept to international legal enshrinement, in particular after the EU Court’s decision in Google Spain v. AEPD and Costeja González, which defined the balance between privacy and freedom of information. It shows that this right is a logical continuation of the development of the institution of privacy and is aimed at protecting the reputation, autonomy, and current public image of a person. Particular attention is paid to the draft Article 302-2 of the Civil Code of Ukraine, which introduces the right to be forgotten at the national level. The positive aspects of the draft law include the correct distinction between the mechanisms of removal and de-indexing, as well as the introduction of a system of exceptions that guarantee the protection of freedom of speech and access to socially important information. At the same time, a number of significant problems have been identified: the lack of a clear procedure for exercising the right, excessive subjectivity in the criteria for assessing the relevance of information, risks of legal uncertainty, and the emergence of the “Streisand effect,” when attempts to hide data lead to its wider dissemination. As a result, it has been substantiated that for the effective implementation of the right to be forgotten in Ukraine, further regulatory refinement, the creation of a clear procedural model for its implementation, and the formation of consistent approaches to judicial practice based on European standards are necessary.