Divergent Views On The Right To Be Digitally Forgotten: The Opinions Of The General Advocates Vs. The Decisions Of The Court of Justice Of The European Union

Abstract

The current configuration of the right to be digitally forgotten is due to several judgements rendered by the Court of Justice of the European Union on the interpretation of the Union law regarding the protection of personal data. However this right is not an absolute one, but it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality, considering that the General Data Protection Regulation respects the freedoms recognised in the Charter as enshrined in the Treaties, in particular the freedom of expression and information. The right to be delisted on search engines was born precisely at the intersection of these opposing rights and freedoms. In each case both the Advocate general and the Court tipped the balance between the right to privacy and the protection of personal data, on the one hand, and the freedom of expression and information, on the other hand, and every time the Court had, at least in part, a different standpoint on the right to be digitally forgotten.