Revista de Direito, Governança e Novas Tecnologias (Dec 2015)
Right to be Digital Forgotten and Civil Liability of Internet Search Providers: Interface Between the Civil Mark, National and Foreign Experience and the Law Projects Nº 7881/2014 AND Nº 1676/2015
Abstract
The Digital Information Society raised the level of information for one of the most valuable legal rights. This way, exercises control over personal information means to have dominion over the space through which will develop human potential. The right to privacy, extremely susceptible in the virtual environment, walks in ensuring the right to informational selfdetermination, or better, the right to be digital forgotten. This right stems directly from the general principle of protection of human dignity. In the face of collision of fundamental principles (right to privacy and right to information), it is possible to extract the limits to the exercise of the right to be forgotten in the virtual context. The civil liability of search providers on the Internet presents itself as the primary means of ensuring the right debated, but the brazilian jurisprudence is still resisting to recognize the search engine's responsibility to remove harmful search patterns to personality rights. It is noticed that the civil framework of the established internet data protection mechanisms, but remained silent about the responsibility of search providers. In this sense, there are the discussions involving the Bills No. 7887/2014 and No. 1676/2015, which are intended to clarify the right to be digital forgotten in the wake of international experience. About the methodology, the research has bibliographic and jurisprudential nature, pure from the results, with descriptive-analytic study, developed through theoretical research on the type of qualitative and, with respect to the objectives, descriptive and exploratory. As a result, it was concluded that the right to be forgotten is a fundamental right and worthy of protection personality, but must be exercised so as not to supplant other deadweight rights, realizing the ultimate goal of protecting and promoting free development the human person. While the search providers on the Internet may be compelled to remove search patterns with offensive content, therefore the influence on the result of the searches, take responsibility for the removal of the content.
Keywords
