Schutz der Privatsphäre in einer vernetzten Welt

Unter besonderer Berücksichtigung des „Rechts auf Vergessenwerden“

Abstract

In today’s closely connected and digitalized world, regulating the processing and use of personal data and protecting the privacy of individuals are crucial topics. By enacting the 2016 General Data Protection Regulation (GDPR), the EU has constituted a comprehensive legal framework that extends to both public regulation and private enforcement of data protection, done by providing for different individual rights. In the USA and Japan, on the other hand, data protection has not yet developed as far as in the EU, despite the EU having sought to require these countries to achieve a comparable level of data protection through trade agreements. These findings principally apply to the “right to be forgotten”, although this right is gradually finding its way into case law in Japan as the right to privacy. The different state of discussion and the varying legal frameworks for data protection in the EU, the USA and Japan have an impact on the conflict of laws, which still leaves a number of questions unanswered. Further developments in these countries will hopefully be enhanced through comparative research and extensive academic exchanges.