Abstract
In 2014, the Court of Justice of the European Union identified the right to be forgotten in its monumental case Google Spain SL c. Agencia Española de Protección de Datos. This right appears conceptually confused and legally undesirable. Conceptually confused because it combines the right to privacy with the right to data protection even though they are based on opposite principles. Legally undesirable because this new right is set in opposition to the freedom of expression, which is essential to democracies. By allowing data subjects to remove links to web pages containing information about them, the Court misunderstands the relationship between search engines and the constitution of the contemporary public sphere. This article asks how freedom of expression may be reconciled with the conception of personal data at the root of Article 8 of the Charter of the European union. It answers that this work should be done by the right to privacy.
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