The right to be forgotten protects our personal data on the Internet.
The right to be forgotten is a concept within personal data protection that allows individuals to request the deletion of personal information from the internet when it is no longer relevant, accurate or suitable for its original purpose. This right, regulated in many laws, seeks to protect the privacy and reputation of people, balancing public interest and access to information with respect for private life in the digital age.
Origin of the right to be forgotten
The right to be forgotten arises as a response to the privacy challenges posed by the advancement of digital technologies and online information storage. Although its bases lie in long-standing data protection and privacy rights, the term gained notoriety in the European Union in 2014 following the Court of Justice of the European Union (CJEU) case in which Google Spain SL opposed , Google Inc. and the Spanish Data Protection Agency (AEPD).
In this case, the court ruled in favor of a citizen's right to request the removal of outdated and irrelevant information from search engines. This prompted the creation of more specific regulations, such as the General Data Protection Law (GDPR) in 2018, which establishes this right in its Article 17. Since then, the right to be forgotten has been the subject of global debate, with diverse approaches in different countries on its implementation and scope.
Privacy and legislation in the digital age
The right to be forgotten is part of a broader framework of protection of Internet privacy and data privacy. In a digital environment where personal information can be stored and disseminated indefinitely , this right seeks to give individuals control over their personal data.
This right is articulated within privacy legislation in each part of the world, such as the General Data Protection Regulation (GDPR) in Europe, which establishes obligations for companies to implement privacy policies that regulate the handling, storage and deletion of data. personal data.
However, privacy protection goes beyond regulations and becomes a tool that prosecutes crimes against privacy , such as the dissemination of data without consent, doxxing or identity theft. These laws and policies aim not only to prevent abuses, but also to create a balance between the right to public information and the protection of private life in the digital environment.
Privacy on the Internet is a sensitive topic, given the amount of information we share.
Online identity management
The right to be forgotten plays a fundamental role in protecting digital identity and online identity, allowing people to control the information that is disseminated about them on the Internet. This right contributes to personal autonomy by giving individuals the possibility to delete or modify certain data that they no longer wish to be available online, especially in the context of social networks and other web services.
However, the right to be forgotten often conflicts with freedom of expression and the right of access to information, creating a delicate balance regulated by specific rules and, in some cases, by the platforms' code of conduct. .
To protect confidentiality and anonymity online, users can also resort to measures such as Internet cookie management , which typically track online activity and contribute to the digital trail that each person leaves when browsing. This trace, added to the information from social network profiles, affects the management of online reputation, an aspect that is especially relevant for those seeking a professional digital presence or, on the contrary, who wish to maintain their privacy.
The regulation of social networks and the privacy and data use policies of these platforms are also key factors in the protection of online identity, helping to establish standards for how information is stored, shared and can be deleted in the digital environment.
Fundamental rights in the digital environment
The right to be forgotten is closely related to digital rights, understood as the set of guarantees that protect the privacy and security of people in the digital environment. After all, it is considered an extension of human rights, as it seeks to protect the dignity and autonomy of each individual.
It is also particularly relevant to the rights of minorities , who may face discrimination or vulnerability when their personal information remains accessible online. The right to rectification reinforces this protection, allowing erroneous or misleading data that affects personal reputation to be corrected, thus guaranteeing more effective control over information on the network.
Responsibility in the management of personal data
Digital platforms play an essential role in implementing the right to be forgotten, since their responsibility lies in ensuring that users have control over their personal data.
Government oversight and digital surveillance are tools that help ensure these platforms comply with privacy standards and consumer rights. This oversight framework protects users from misuse or inadvertent exposure of their personal data, especially when it may cause social, personal or professional harm.
Jurisdiction and legal challenges
The globalization of information poses significant challenges in terms of jurisdiction on the Internet, since the right to be forgotten must apply in an area where territorial boundaries are blurred.
This right involves areas such as criminal law , international law and administrative law , which seek to coordinate the application of regulations on data protection and the processing of personal information in different countries.
The ability of local authorities to enforce privacy laws on global platforms remains an ongoing challenge, given that the transnational nature of the Internet implies varying laws and levels of protection depending on the region.
Limits to freedom of the press
The implementation of the right to be forgotten must be balanced with freedom of the press and access to public information, fundamental values in democratic societies. This tension appears when the deletion of information may conflict with users' right to know certain facts, especially in cases of public interest.
Additionally, copyright influences the type of content that can be removed, since intellectual property must be protected in certain cases. Thus, the right to be forgotten is presented as a tool that must be applied with specific criteria to protect both individual privacy and the informative responsibility of the media.
We have the right to delete our data on social networks.
Regulation and regulations
The protection of the right to be forgotten is supported by a regulatory framework that includes the telecommunications law , which establishes guidelines for the management and use of personal data in communication networks. Likewise, defamation laws offer protection against reputational damage caused by the dissemination of harmful or false information.
Anti-piracy laws also play an indirect role in protecting personal information by controlling the unauthorized dissemination of data and content on the web. In addition, content regulations and media regulations provide guidelines on the publication of information on digital platforms, establishing criteria for the elimination or rectification of harmful data.
Online conduct standards complement this framework by promoting practices that respect and protect privacy in virtual environments, encouraging ethical and responsible behavior.