In support to a "Right to be forgotten" for European people

Abstract

ABSTRACT 

The European Court of Justice’s sentence, of May 13th, 2014 (Case C-131/12) Google Spain, S.L., Google, Inc./Spanish Data Protection Agency (SDPA), Mario Costeja González has the significance of a definitive support of the European Union to the Right to be forgotten.  In the middle of the reform process of the Directive 95/46 on Data Protection, and in a context of diplomacy crisis among America and Europe motivated by the leaks on massive espionage on Internet, the argumentation of the Court of Justice represents the looking for a better protection facing the bigger risks for privacy. The right to be forgotten tries to be a recipe of balance between privacy and data protection (art. 7 and 8, Charter of Fundamental Rights, EU, mentioned by the sentence) and the right to information and the economic interest promoted by search engines like Google. The Spanish Audiencia Nacional in its Sentence of December 29th, 2014, on the Costeja case, has assumed the argumentations from the European Court of Justice and, at the same time, has set the balancing rights criteria in order to apply the right to be forgotten.