Abstract

DOMINGUEZ MEJIAS, Ignacio. Towards Selective Memory On The Internet: Honor, Intimacy And Personal Image In The Digital Age On The Basis Of Spanish Case-Iaw. Rev. iberoam. cienc. tecnol. soc. [online]. 2016, vol.11, n.32, pp.49-69. ISSN 1850-0013.

The balance between freedom of communication and the right to honor, intimacy and personal image constitutes one of the bases of the democratic system. The digital age has brought instability to said balance, while it has given way to an uncontrolled development of freedom of communication. Within this context we have seen the right to be forgotten as the spearhead of the debates on regulation of Internet communications, towards a higher protection of personal rights. This prominent stand in the European legal imaginery has been reinforced through case- law support with the pre-trial decision of the High Court regarding the case of Mario Costeja vs. Google. This article proposes a series of reflections on the Constitutional Court’s ruling of the CJEU, on the right to be forgotten at this stage of case-law development, and the constraints that limit its exercise from the Spanish case-law perspective. In addition, it also tackles the so-called right to reconsider as a new digital right. Both rights pursue the same objective: to guarantee the right to informative self-determination of cyber-users against information published in the Internet that could mean an infringement to those rights.

Keywords : Digital right to reconsider; Digital right to be forgotten; Internet; Liberties in communications.