Defining the Right to be Forgotten and its relationship with freedom of expression

• Author: Besnik Muçi - Eugerta Muçi
• Position: KU Leuven & University of Zurich
• Pages: 26-37

Vol. 4 No. 1

January, 2020

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2519-1284

Acces online at www.iipccl.org

26

Def‌i ning the Right to be Forgo en and its relationship with freedom of

expression

PhD Besnik Muçi

MSc (C.) Eugerta Muçi

KU Leuven & University of Zurich

Abstract

Freedom of expression and dissemination of information is the bedrock of a free and democratic

society. This freedom provides an avenue for public discourse as well as for the self-fulf‌i llment

and development of each individual. The risk of harm posed by content and communications

on the Internet to the exercise and enjoyment of human rights and freedoms, particularly the

right to respect for private life, is high. A new aspect, among many others consolidated over

the years in national and international jurisprudence of the right to privacy, is the right to be

forgo en. This right stems from a combination of the development of technology and the need

to f‌i nd a remedy in protecting the individual rights of each person. Since 2014, international

courts such as the Court of Justice of the European Union and international instruments

have started to tackle specif‌i cally with the right to be forgo en and thus, this work will try to

interpret and explore these developments.

In this sense, the main objective of this manuscript is to give the def‌i nition of the right to be

forgo en, the need for this right and its existence separately. Another issue is whether the

right to be forgo en can be exercised only by natural persons. Lastly, the aim of this work is to

analyze the place of the right to be forgo en in relation to other rights especially the balance

with the right of the freedom of expression.

Keywords: The right to be forgo en, private life, personal data, deletion or anonymization,

freedom of expression, GDPR.

Introduction

Freedom of expression and dissemination of information is the bedrock of a free and

democratic society.1 This freedom provides an avenue for public discourse2 as well as

for the self-fulf‌i llment and development of each individual.3

The means by which freedom of expression can be exercised has evolved over the

centuries and has certainly been conditioned by the development of science and

1 Mathieu-Mohin and Clerfayt v. Belgium, App no. 9267/81 (ECtHR, 2 March 1987), para 47; Lingens v.

Austria,

App no. 9815/82 (ECtHR, 8 July 1986), para 41–42; Claude-Reyes v. Chile, Judgement on Merits, Reparations

and Expenses. (IACtHR, 19 September 2006), para 85.

2 General Comment 34, United Nations Human Rights Committee; UN High Commissioner for Human

Rights, “Report of the Special Rapporteur on the Promotion and Protection of the right to Freedom of Speech

and Thought” (17 April 2013).

3 Lingens v. Austria, App no. 9815/82 (ECtHR, 8 July 1986), para 41–42