Balancing between Right to Be Forgotten and Right to Freedom of Expression in Spent Criminal Convictions

Kamrul Faisal
2021 Security and Privacy  
Being two distinct fundamental rights, the coexisting state of the right to be forgotten and freedom of expression has already been confirmed by the competent authorities through balancing in situations when they collide. The paper focuses the balancing apprehensions concerning spent criminal conviction data while considering Google Spain ruling and the General Data Protection Regulation (GDPR) primarily for analysis. From the Google Spain ruling till the development of the GDPR, the balancing
more » ... pprehension has already seen another generation resolving conflicting issues derived both from statutes and case laws. Though lawful authorities stepped into easing the tension between different elements of the two rights, it has been seen that the outcome of balancing intellection depends on the application of diverse norms and principles. The contemporary principles in balancing the rights of spent criminal conviction datum have been identified in this paper which needs to be enhanced carefully in the future towards a more privacy-friendly atmosphere to envisage the need of data-driven Europe and to upheld the right to be forgotten of spent criminal convicts.
doi:10.1002/spy2.157 fatcat:7spsrkogqzhi3c3gk2zewadeeu