Right to be forgotten in cyberspace? International principles and considerations about Latin American regulations

By: Nelson Remolina Angarita. nremolin@uniandes.edu.co** Text translated from Spanish to English by Luisa Ricaurte Espinosa, GECTI.

We invite you to read our article “Right to Be Forgotten in Cyberspace? International Principles and Considerations about Latin American Regulations” published in February of 2007 by the CELE of the University of Palermo. This text is part of the book “Towards an Internet Free of Censorship II. Perspectives in Latin America”.

The chapter was written in Spanish (pp. 199-226) and translated into English (pp. 175-189) by the CELE.

Several things about the article:

•  FIRST: It highlights that the right to be forgotten was a jurisprudential creation of the Constitutional Court of Colombia in ruling T-414 on June 16^th, 1992 (Judge Ciro Angarita Barón).

•  SECOND: It emphasizes that human dignity is the foundation of the right to be forgotten.

•  THIRD: It points out that the right to be forgotten is not absolute and that its application or recognition will depend on the facts of each case.

•  FOURTH: It states that the right to be forgotten is an expression of the right to erasure and a concretion of the right to object, addressed by the regulations regarding the processing  of personal data.