Abstract

ORTIZ MESIAS, Leonardo  and  VIOLLIER, Pablo. Rethinking the right to be forgotten and the need for its inception in the Chilean legal system. Rev. chil. derecho tecnol. [online]. 2021, vol.10, n.1, pp.77-109. ISSN 0719-2584.  http://dx.doi.org/10.5354/0719-2584.2021.56482.

The discussion around the “right to be forgotten” has focused on the requirements and exceptions this figure should consider so as not to infringe on other rights, such as freedom of expression, access to information and the exercise of journalism. This article takes two steps back, and asks whether the inception of this figure, in terms proposed today, is the correct way to address the problems associated with persistence and ubiquity of information on the internet. Based on comparative statistics, the review of literature and the analysis of national jurisprudence, this article concludes that it is preferable to channel these disputes through our so called “acción de protección”, rather than incorporating this figure in our data protection legislation.

Keywords : Right to be forgotten; freedom of expression; data protection; human rights; informative self-determination.

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