The Transformation of Human Rights in the Information Society Connected with the Formulation of the «Rigt to be Forgotten» by the European Court of Justice

Abstract

Actuality of this research work. Human rights and freedoms - are main concepts of rights in modern Russia. Lack of scientific development of “new” human rights in new “digital measurement”, information society holds back development of applied research, including the matters of enforcement, improvement of law-making, efficiency improvement of legal regulation. Due to the fact that “the right to oblivion” was formulated by European Court of Human Rights less than a year ago, in Russia there is no comprehensive legal research on this issue. In fact, in our country a new direction of jurisprudence - legal regulation of technology and protection of private data are being formed. It is not a secret that in the United States, these issues are allocated to a separate specialization for lawyers. Russia is at the beginning of this path. The targets of this research. The target of this research is to study the concept and essence of “the right to oblivion”, to deepen the theoretical knowledge of human rights and freedoms, as well as to attract scientists, theorists and practicing lawyers’ attention to this issue. The target is concretized in tasks. The authors had the following targets: - To explore the essence of “the right to oblivion", its characteristics, analyze its purpose; - To identify authors’ attitude to a number of controversial issues that have arisen in the course of this research work; - Explore ways and means to improve legal regulation. Conclusions. “The right to oblivion” is a new inalienable human right that needs identifying, understanding, and formulation. Legal regulation of this right in Russia is at the stage of formation and is imperfect. It is necessary to increase awareness of the Russian legal science, legislature and judiciary to this problem. It is necessary to develop a general policy with regard to “the right to oblivion”, accurately reflect the position in law and judicial practice. The authors analyzed the new phenomenon in Russian law – “the right to oblivion” and analyzed the nature and problems of legal regulation of this important right in information society.

DOI: 10.5901/mjss.2015.v6n6s3p399