THE RIGHT TO BE FORGOTTEN ON THE INTERNET: CLOSED DEBATES AND OPEN QUESTIONS AFTER THE CJEU’S DECISION ON THE CASE GOOGLE VS AEPD AND

Abstract

Abstract:
Internet and digital technologies have enabled the development of
powerful communication tools. Along with undeniable advantages,
the online environment presents some risks, such as the perpetuation
of certain negative or harmful information relating to persons. In
this humus, where the total memory of the Internet allows access to
any event in the life of someone without limit in space or time, has
emerged the demand to the right to be forgotten online. The claim of
oblivion on the Net contrasts different rights: freedom of expression,
right to information, freedom of enterprise, privacy, the right to honor
and the right to data protection. Different national and supranational
bodies have had to resolve juridical conflicts of this nature, and
have adopted different solutions. Perhaps one of the most important
decisions in this matter, called to be an historic milestone in this debate,
it is the judgment of the CJEU in the case Google versus AEPD
and Mario Costeja. This decision contains very important statements:
the applicability of European legislation to Google’s search engine;
the exclusion of Internet search engines from the category of Media
and from the protection of the communicative rights; the attribution
of a direct responsibility for the treatment of personal data to the Internet
search engines; and the recognition to the right to be forgotten
of individuals with regard to the links included in the results list of
the Internet search engines. However, the reception of the CJEU’s
decision has not been peaceful. In fact, the Court decision was significantly
distant from the previous Conclusions of the Advocate General.
This paper analyzes the context of the decision, its content, and the
reactions it provoked both among the most qualified legal doctrine, as
in the main parties concerned: Google search engine itself, and digital
Media whose news are indexed.