Právo být zapomenut ve smluvních vztazích

This thesis focuses on the right to be forgotten, which has become almost a pioneering tool of individual privacy management within the evolving framework of personal data protection. This legal concept, incorporated in Article 17 of the GDPR, has developed gradually, primarily in response to the case law of the Court of Justice of the European Union. Key judicial decisions (Google Spain; CNIL v. Google), along with relevant legal regulations (Directive 95/46/EC, the GDPR, Zákon o zpracování osobních údajů), are analysed throughout the thesis in light of its objective. That objective is to situate the right to be forgotten within a broader legal and economic context—both in terms of balancing the interests of various stakeholders and in assessing the real-life impact and functioning of this right in practice. The introductory part presents personal data as a key value in today's technologically driven world, with data protection becoming the focus of increasing attention from lawmakers. The thesis then explores the broad spectrum of legal obligations imposed on data controllers in connection with the exercise of the right to be forgotten - from ensuring compliance, processing requests, to legal liability. The principle of performative regulation, reflected in the GDPR, is also emphasised here. The author also addresses the rather confusing distinction between the right to be forgotten and the right to erasure, suggesting that the former reflects a more active dimension and greater emphasis on informational autonomy. The thesis further examines the low formal requirements placed on data subjects when exercising this right. Using inductive reasoning based on an analysis of Alza.cz’s approach to the right to be forgotten and selected protocols from the Úřad na ochranu osobních údajů (Czech Data Protection Authority), the thesis concludes that the practical application of this right faces limitations due to the low engagement of data subjects and the limited capacity of the supervisory authority. It highlights the risk that, in its current form, the right to be forgotten may act more as a formal gesture. It would require a systemic shift in societal attitudes toward privacy – particularly in the online environment – to be effective (which seems difficult to achieve). The thesis also draws attention to the often unintended real-world effects of legal rules. In the case of the right to be forgotten, this includes phenomena such as the so-called Streisand effect. Additionally, the need to weigh this right against other fundamental rights – such as freedom of expression and the right to information – is recurrently addressed throughout the text.