SOME ASPECTS THE RIGHT TO BE FORGOTTEN FROM THE PERSPECTIVE OF BALANCING THE FREEDOM OF EXPRESSION WITH THE RESPECT FOR PRIVATE LIFE IN THE ONLINE ENVIRONMENT
SOME ASPECTS THE RIGHT TO BE FORGOTTEN FROM THE PERSPECTIVE OF BALANCING THE FREEDOM OF EXPRESSION WITH THE RESPECT FOR PRIVATE LIFE IN THE ONLINE ENVIRONMENT

Summary/Abstract: On 13 May 2014, by the judgment in Case C-131/12 - Google Spain and Google, the Court of Justice of the European Union has established a right to be digitally forgotten that can be exercised against the operator of a search engine independently of the success of any action directed against the publisher of the original web page. Therefore this short study aims to present the distinction between the right to have a link removed from a list of results displayed following a search made on the basis of a person’s name, on the one hand, and the right to have the data erased by the publisher of the web page containing information relating to that person, on the other hand. Since the right to privacy and the right to the protection of personal data are not absolute rights, but must be considered in relation to their function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality, our analysis concerns precisely this balancing of the freedom of expression with the respect for private life in the online environment.

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