First, the article describes how the right to be forgotten has changed in the digital era: the increase of information storage, data analysis, and online activities, has determined a shift of paradigm. In the conflict between memory and forgetfulness the rule has become memory. In this new informational context the right to be forgotten is a fundamental right of the individual and her conflict against the freedom of speech is now crucial. The article turns to this conflict in the second part. In the third part, the article focuses on search engines and it underlines that the right to be forgotten is not just a binary decision between delete or not delete. There are, in fact, intermediate solutions and delisting can be used for reducing the visibility of an information without deleting it and it could be modulated. For example, it is fundamentally different if we were to delete an article from the results when the search is made with the data subject name or if we delete it from any possible query.

Diritto all’oblio e motori di ricerca: il bilanciamento tra memoria e oblio in Internet e le problematiche poste dalla de-indicizzazione

Silvia Martinelli
2017-01-01

Abstract

First, the article describes how the right to be forgotten has changed in the digital era: the increase of information storage, data analysis, and online activities, has determined a shift of paradigm. In the conflict between memory and forgetfulness the rule has become memory. In this new informational context the right to be forgotten is a fundamental right of the individual and her conflict against the freedom of speech is now crucial. The article turns to this conflict in the second part. In the third part, the article focuses on search engines and it underlines that the right to be forgotten is not just a binary decision between delete or not delete. There are, in fact, intermediate solutions and delisting can be used for reducing the visibility of an information without deleting it and it could be modulated. For example, it is fundamentally different if we were to delete an article from the results when the search is made with the data subject name or if we delete it from any possible query.
2017
3/2017
565
581
Silvia, Martinelli
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/1653926
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