ANALYTICAL ISSUES OF THE RIGHT TO BE FORGOTTEN - BETWEEN THEORETICAL LANDMARKS AND PRACTICAL EXPECTATIONS
ANALYTICAL ISSUES OF THE RIGHT TO BE FORGOTTEN - BETWEEN THEORETICAL LANDMARKS AND PRACTICAL EXPECTATIONS

Summary/Abstract: Technological developments have produced essential changes in the European regional legal framework, being a real factor in the configuration of law. Standards on the protection of human rights acquire a special dimension in the context of virtual reality, leading to the emergence of innovative prerogatives such as the right to be forgotten. Taking into account the recent crystallization of the right to be forgotten, in this paper we aim to address issues related to clarifying the conceptual framework associated with this prerogative and, subsequently, to capture the general legal and jurisprudential coordinates of the right to be forgotten. The specific difficulties of researching a modern resurgence right, such as the right to be forgotten, reside in the dynamics of the virtual world as well as in the implicit technical aspects of exercising this right in the Internet environment. Although the complexity of the right to be forgotten allows the application of various research frameworks - from IT approaches, to sociological or legal approa¬ches - we opted to analyse this right in the human rights paradigm, highlighting issues related to the conditions and limits of exercise in order to guarantee the following: data confidentiality, personal rights, the right to image, dignity and the protection of privacy and family life.

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