UN REPER JURISPRUDENŢIAL DIN PRACTICA INSTANŢELOR BELGIENE ÎN MATERIA DREPTULUI LA UITARE DIGITALĂ
AN EXAMPLE OF BELGIAN CASE LAW IN THE MATTER OF THE RIGHT TO BE DIGITALLY FORGOTTEN

Summary/Abstract: Everyone has the right to respect for his or her private life and to the protection of personal data. On the other hand, everyone has the right to receive and impart information and ideas without interference by public authority and regardless of frontiers. In this legal framework online data can be both a violation of the right to privacy and a manifestation of freedom of expression. The right to be forgotten re-establishes in online communication the balance between the right to privacy and the freedom of information. This article aims to present the reasoning behind a Belgian ruling that imposed to a newspaper to anonymize an article from its online archive, not under Directive 95/46/EC, but under the right to respect for private life provided for by the European Convention on Human Rights, the Belgian Constitution and the International Covenant on Civil and Political Rights.

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