مظاهر الحماية الجنائية للحقّ في النّسيان الرّقمي

Abstract

This paper examines one of the personal rights that have emerged from the activities of users on the internet and social media networks. This right has been termed as ‘the right to be forgotten’ and necessitates that a person can erase data and painful memories shared with others at some point in time on the internet.

The paper tried to ascertain whether the available legal texts adequately establish the desired criminal protection for this type of right, which was not previously known. This required addressing the issue by dividing it into two sections: The first one was devoted to the conceptual framework of the right to be forgotten, and the second one was devoted to examining the legal framework for criminal protection of this right.

The paper concluded that the criminal protection of the right to be forgotten is not satisfactory, because many countries have not passed laws on the protection of personal data and the entrenchment of the right to be forgotten.

In addition, there is a weakness in the legal treatment of this right by the countries which issued these laws. Meaning that there is no direct and clear treatment in the texts of these laws which a clear and well-defined theory can be based upon whose provisions can be adhered to by all those involved in dealing with personal data and behavior through on the internet.