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Criminal protection of the human right to be forgotten | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 13, Volume 14, Issue: 1 part 2, June 2024, Pages 349-387 PDF (856.3 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.147183.1199 | ||
| Author | ||
| Sabreen Yousif Abdullah* | ||
| Iraqi Ministry of Higher Education and Scientific Research | ||
| Abstract | ||
| The research aims to reveal the absence of legislative in Confronting violations that undermine the human right to be forgotten, in order to urge the legislator to adopt a solution for this problem in accordance with the successful experiences of comparative countries in order to achieve the interest of the individual and society, The results of this Research are the right to be forgotten is a new legal term based on the idea of an individual requesting the relevant authorities to delete content related to him from Search sites after a certain period of time has passed, Based on his right to forget his past and start a new life away from the effects of past mistakes, It is based on achieving balance between the right of society to access information and the right of the individual to forget his past. This imposes on the laws the necessity of recognizing the above-mentioned right and determining some exceptions to it in order to achieve the right to access. Accordingly, comparative legislation has approved some exceptional cases in which erasure is not permitted, such as data that the law requires to be published, Such as the names of criminals for specific crimes. And publishing for journalistic purposes or artistic, literary, academic or other expression, and that this right was a subject of disagreement in jurisprudence and judiciary, and the disagreement over it continued until legislation adopted it and provided it with criminal protection, including the criminalization and punishment of acts that affect | ||
| Keywords | ||
| right; forgetting; past; erasure; digital | ||
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