El derecho al olvido en internet: antecedentes y bases para su configuración jurídica

Abstract

In recent times it has been gaining ground the so-called (or the right be forgotten) by which a person requires remove from Internet some news, data or image which, over time, has lost topicality without but which continues being easily accessible anyone who asks for the name of the person referred to. With a growing acceptance at the European Community level, such right provokes resistance in the Anglo-Saxon media by the greater weight the latter often grants freedom of expression. This paper describes what appears be an evolution of this figure in three stages up the current right oblivion on the Internet or digital, with comments on the first sentence of the Chilean Supreme Court affirming the existence of this right as an emanation of the right respect a person's private life and honor. It is argued that this right is being formed though it can not be absolute but must be reconciled with other rights and fundamental values of a democratic society. The proportionality principle (minimal intervention) can help determine the ways of implementing this right in order serve the interests of those who want to be forgotten without disproportionately harming freedom of expression and access information.