THE RIGHT TO BE FORGOTTEN IN SPANISH LAW DUE TO THE CJEU DOCTRINE

Abstract

Abstract:
In the information society, Control of becomes increasingly more important
in the exercise of power. The Right to be forgotten appears as
a peculiar juridical answer in Internet context. This work tries to offer
an analysis of the profiles that define its configuration in Spanish Law
from the Court of Justice of European Union´s Sentence of May 13th
2014 —Google Inc v. Agencia Española de Protección de Datos— without
losing the perspective of its origin and the future challenges that it
presents. This way, the Court of Justice of the European Union recognizes
of limited form the existence of the Right to be forgotten seeking
protection in the previous jurisprudence, in the European Law
and, especially, in the job of the Data Protection Working Group
(WP29). As result of its interpretation, new juridical problems come
into Spanish Law that will have to need the development of specific
rules.