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Challenges facing the application of the right to forgotten of digital data | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 16, Issue: 1 part 1, March 2025, Pages 573-596 PDF (968.76 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.184968 | ||
| Authors | ||
| Jaafar Haider AbdulKazem* ; Safaa meteb faja | ||
| Al-Qadisiyah University/College of Law | ||
| Abstract | ||
| The right to erase digital data, as a new right in legal systems around the world, faces as a result many challenges, some of which result from the objective aspect, such as the legal challenges and technical challenges facing the application of the right, or which result from the personal aspect, such as the challenges that They result from the person himself, or the challenges that result from the private or public successor. These challenges, and with the inevitability of the continued existence of these challenges, must be found in balance between them and the right to erase digital data, and the right most in need of care and enforcement should be determined. The importance of studying this topic lies in the importance of the right to erase digital data itself, as it represents a right that accompanies technological development and the expansion of the digital area, in addition to the great importance of the right due to its connection to personal data stored digitally. Determining the challenges that may lead to it not being accessible in several places and locations has an important impact on overcoming the difficulties facing its application and enforcement. Clarifying the challenges that faced the legal systems that applied the right to erase digital data also has an impact on the Iraqi legislator when organizing such a right at a later time, which is represented in trying to avoid them and not repeat the mistakes made by others, which prompted us to study this topic. | ||
| Keywords | ||
| Right; digital forgotten; data; data owner; legal challenges | ||
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