The Right to be Forgotten in the Digital Age

Abstract The right to be forgotten (RTBF) is meant to provide individuals with an actual representation of their personal identity by obtaining the erasure of their past “digital traces” left online. In 2014, the CJEU’s leading case Google Spain accorded the data subject the right to obtain the de-referencing of personal information related to past events from search engines. Consequently, the RTBF has been included in the title of Article 17 GDPR as a synonym of the right to erasure, without however being explicitly explained or regulated. Alongside this process, the ECtHR has constantly highlighted the need for fair balancing between the right to respect for private life and the right to freedom of expression, often denying the applicants the right to obtain removal or anonymization of news reports published in the past because of their permanent public interest. By stressing that Internet archives constitute an important source for education and historical research, it admitted, though, that the obligations of search engines may differ from those of the original publishers of the information. This reasoning, however, does not seem to have influenced a recent decision of the ItalianCorte di Cassazione, commented in the final part of this chapter.