The Concept of the Right to Enter into Digital Limbo in Modern Electronic Penal Legislation : A Comparative Study between French and Kuwaiti Criminal Law
Dr. Moath Al Mulla
Assistant Professor of Criminal Law – Saad Al-Abdullah Academy For Security Sciences – Kuwait
The right to be forgotten is one of the old ideas that emerged since the sixties of the last century. It once again came into surface when it’s idea collided with the technical reality’s imposed possibility of keeping personal data for unknown periods of time that could be difficult to erase from the virtual map, which takes away the right of users or dealers to fall into digital oblivion. This right has received great attention in Europe, especially after issuing the European Court of Justice’s judgment No. C-131/12 on 13 May 2014, which recommended that the European legislator to develop the necessary safeguards to protect this right.
It responded to it, as the legislator expressly recognized this right in Article 17 of the new European Regulation No. 679/16 on Personal Data Protection, which will be effective on May 28, 2018. Therefore, we devote this study to explain the Kuwaiti legislator’s position on this issue in the penalizing part included in Modern Electronic legislations and compare it with the French penal legislator’s approach.