The Online Right to be Forgotten in the European Justice Evolution

Abstract

The landscape of internationally recognized rights is increasingly expanding the web and the Information technology law contributes, through the creation of new situations arising from practices identified by the doctrine, to the recognition of new digital rights. The typical path of the affirmation of a ‘New right’ find sudden recognition through national or international case studies that generate the actual recognition of rights that were previously only expectations and that automatically become necessities. The birth of the right to oblivion, i.e., the right to forget and to be forgotten, should be understood as the right to have memories related to a particular subject and to the processes of indexing and storage, including the ability to manage and establish them in hands of third parties. The recent case from the European Union Court of Justice in 2014 is a mirror for the right to be forgotten and censorship in the different landscape of USA and European Law. The present research is a tool for evaluation and analysis of the proposed European regulations.

Keywords

• right to be forgotten
• human right
• censorship
• knowledge and learning
• inclusive society
• participation
• social accreditation