Resumen

LETURIA I, Francisco J. LEGAL BASIS OF THE RIGHT TO BE FORGOTTEN: A NEW RIGHT FROM EUROPE OR A TYPICAL RESPONSE FOR COLLISIONS BETWEEN CERTAIN FUNDAMENTAL RIGHTS?. Rev. chil. derecho [online]. 2016, vol.43, n.1, pp.91-113. ISSN 0718-3437.  http://dx.doi.org/10.4067/S0718-34372016000100005.

During recent years, the possible recognition of a new fundamental right has increasingly gained acceptance, especially within the European context. It is the right to forget and it favors the capacity of each person to freely develop their own life, without the interference of events from their past life. Under the current statute of the freedom of expression it could be possible to defend this new right without temporal limitations. Nevertheless, this right exists and it has been increasingly recognized in recent decades as a result of its weighing against other fundamental rights and the growing understanding of privacy as autonomy. However, its positivisation could also bring about important benefits.

Palabras clave : Right to forget; freedom of expression; data protection; weighing; fundamental rights; constitutional interpretation; privacy; presumption of innocence; due process; judicial advertising; rehabilitation of the offender.

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