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The right to be forgotten and google

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發表於 2024-3-7 18:29:30 | 顯示全部樓層 |閱讀模式

It is more than likely that you have heard that "Right to be forgotten" at some point, especially when talking about google. Even if you have never heard it, if you were asked what it is, possibly the intuitive answer that would come to your mind would surely be something like: "The right we all have to be forgotten, right?" well, although it is not a right designed for aspiring hermits, more or less some of it does have the right to be forgotten. Let's see what this is about: what is this “right to be forgotten”? The right to be forgotten could be defined as the right of the owner of personal data to delete, block or delete that personal information, which in some way affects the free development of any of his or her fundamental rights, such as the right to privacy, to honor and one's own image (*), or that could be considered obsolete information, since it makes no sense to have access to it after a long time and it no longer serves the purposes for which it was collected and published.

Honor, privacy, self the “right to be forgotten refers Italy Telegram Number Data  to the right that a citizen has to prevent the dissemination of personal information over the internet when its publication does not meet the requirements of adequacy and relevance provided for in the normative". The aepd also indicates that this right includes the possibility of limiting the dissemination of personal data, even when the original publication is legitimate, when it states that “the universal and unlimited dissemination of information that no longer has relevance or public interest through search engines. Causes an injury to people's rights." come on, more or less, what we were saying. And what is “habeas data”? Let's say that it is an adaptation to the digital world of one of the techniques for protecting the right to personal freedom, the institution of " habeas  corpus.



The habeas corpus procedure serves to protect personal freedom against the eventual arbitrariness of the agents and security forces of a state when making an arrest or detention. The detainee appears before the judge, exposes his allegations against the causes of the detention or the conditions thereof, so that the judge ultimately decides on the conformity of said detention. Thus, someone came up with the idea of ​​coining the term "Habeas data" , to refer to the individual's right of control over his or her personal data or information, in addition to the exclusion of all interference in his or her private life. I suppose that such an expression was coined, because it is "Cool" from a technical-legal point of view, but I consider that any other term would work, such as freedom from data control or something like that. Ultimately, the concept of control of personal freedom (habeas corpus) is transferred to the concept of control of freedom of computer data (habeas data). Obviously, the right to be forgotten is closely related to habeas data, since deleting, erasing or eliminating content or personal data that exists on the internet implies clear control by the individual of their data and personal information.

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