Az elfeledtetéshez való jog a munkajogban

The process of creating and storing information and personal data has changed greatly in the 21st century: nowadays, the share of an unprecedented amount and quality of personal data can be observed. Due to advances in technology, storing and retrieving this data have become more inexpensive and simpler, putting remembering in the focus of individuals and society – instead of forgetting. Such an expansion of remembering has serious consequences for individuals, whether regarding their personal relationships, their reputation, or their employment opportunities. While in the past most of their actions faded naturally or even into oblivion, today, the given act or content might be evoked unchanged, decades later, often with just a few clicks. Not only the human mind but also the laws have to adapt to this changed technological environment, giving increasing importance to the right to erasure. Various provisions and rights – especially the right to erasure and the right to be forgotten – are intended to ensure that the processing of personal data is limited to accurate and up-to-date data and that the data subject can erase them if they do not meet these legal requirements. Amongst data subjects, employees as well are entitled to the right to data protection. The aim of the article is to highlight a specific aspect of the right to erasure, namely, the right to erasure in the context of employment. The right to erasure is not limitless in the world of work (either): it must be assessed in the light of the different rights and obligations of the employer and the employee. The article will first examine the legal fundaments of the right to be forgotten in the European Union: it will address the Google Spain decision and the relevant provisions of the General Data Protection Regulation. Then, it will address the context of employment and will examine how the right to be forgotten can be exercised in this specific area, with special regard to the lawfulness of processing and data processing principles