The right to be forgotten In the digital age

The article discusses issues related to the modern understanding and application of the right to be forgotten - the right of individuals to exclude, restrict or delete links and personal information on the Internet. In this regard, special attention is paid to the differences between such definitions as the right to be forgotten, the right to exclude data, which are found both in theory and in practice of various states. The author emphasizes that the right to be forgotten is part of the right to respect for private life and is somehow a collective term in relation to the above definitions. The right to be forgotten is not a new right. Particular attention is paid to the ruling in the Google Spain case, in which in 2014 the Court of Justice of the European Union finally consolidated the right to be forgotten in its practice and gave this right a new life. Initially, the right to be forgotten was born as the right to “forget one's criminal past.” With the development of the Internet, it turned into a broader right, having acquired a different essence. Statistics of requests for the right to be forgotten received by Google over the past seven years are provided. Another important question the author considers is whether the right to be forgotten is a completely new “product” of the Court of Justice of the European Union. The author notes that in Europe the right to be forgotten has been recognized for a long time - at least some of its signs can be traced in the concept of the right to information self-determination and the positions of the data protection authorities of France, Italy, and Spain. However, only the EU Court in 2014 gave this right a new essence and consolidated it at the European level. Using the comparative legal method, the author considers the opinions of various researchers regarding the right to be forgotten. Critics of the extraterritorial application of the right to be forgotten claim that it can lead to the widespread removal of online content and, thus, harm freedom of expression and other human rights. Despite the criticism, the right to be forgotten is considered by many as a positive development of individual self-determination in the era of digitalization and the development of information technology. In conclusion, the author states that the right to be forgotten on the Internet should be balanced with competing rights. If competing rights are not properly balanced, the right to be forgotten can lead to unjustified censorship on the Internet. The author emphasizes that, despite the evolutionary interpretation by the CJEU and the ECtHR of the right to respect for private life, from which the right to be forgotten was derived, it nevertheless did not become an internationally recognized human right, but only a recognized right in the European Union and a number of individual states. However, given the trend that more and more states recognize the right to be forgotten in their legislation and practices, it has every chance of becoming an internationally recognized human right in the future.

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