Digital rights in Europe after the entry into force of regulations for the protection of personal data: before and after the right to be forgotten

Abstract

This article opens with an analysis of the scope of the protectable legal right to be forgotten, since this must be understood not only in relation to the right to erasure. The right to be forgotten is much more complex, as it needs to cover a wide range of situations. The article proceeds by outlining the main jurisprudential milestones that prefigured the right to be forgotten in the predigital age, considering the Costeja case as a major tipping point. The article goes on to focus on the ambit of the European Union (EU), initially by studying the meaning and impact of the new general data protection regulations that have been in force since May 2018. Subsequently, it analyzes how some EU member states have incorporated this new juridical instrument. Spain, which has updated its legislation in this area in order to fully comply with EU requirements, is a particular focus.