Some Challenges on the Brazilian Right to be Forgotten in the Digital Era
DOI:
https://doi.org/10.53555/nnas.v2i1.690Keywords:
right to privacy, right to be forgotten, search engine, freedom of expression, access to information, Brazilian legal systemAbstract
This paper is about the right to be forgotten in the digital age. It aims to present some observations on the right to be forgotten in the digital era, in other words, a right of a person to delist an URL – Uniform Resource Locator - which causes him/her prejudice from the index of search engines, for instance, Google. We believe that the right to privacy has a new calling in the digital era, and, here, especially before search engines. In this way, the right to be forgotten in the digital era can represent an expansion of the protection of the right to privacy. As we will discuss, we believe that observations and the experience of the United States, for example, through the protection of the freedom of expression, and the combat of bad speech with more speech can help the Brazilian legal system to consider a practical way of protection of the privacy sphere on the internet.
References
LEONARDI, Marcel. Responsabilidade civil dos provedores de serviços de internet. São Paulo: Juarez de Oliveira, 2005. v. 1
LEONARDI, Marcel. Controle de Conteúdos na Internet: filtros, censura, bloqueio e tutela.In: Direito e Internet: aspectos jurídicos relevantes. Vol II. DE LUCCA, Newton; SALOMÃO FILHO, Adalberto. (Coord). 2008. Editora Quartier Latin
GORDON ROY PARKER v. GOOGLE, INC. CIVIL ACTION NO.04-CV-3918. MARCH 10, 2006.R. Barclay Surrick, Judge. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA.Availableat:< https://www.eff.org/files/parker-v-google.pdf> . Access on: 19/05/2015
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