The essay explores the theme of the right to be forgotten in the difficult path of doctrine and jurisprudence that led it to gradual recognition, up to the issue of art. 17 GDPR (reg. 2016/679/EU). Starting from a critical reflection of the widespread tendency that accords it a priority position with respect to constitutional rights, it is intended to demonstrate how the right to be forgotten, as an expression of human personality (art. 2 of the Italian Constitution), cannot escape the balancing they, in particular, with the right to information (art. 21 of the Italian Constitution). This right, declining the principle of favor veritatis, does not admit limitations that are not justified by reasonableness and proportionality, so as to bring back, in the prism of constitutional protections, not the right to be forgotten, but the right to be “reasonably” forgotten.
Il diritto al "ragionevole" oblio nel prisma delle tutele costituzionali
F. Lazzarelli
2022
Abstract
The essay explores the theme of the right to be forgotten in the difficult path of doctrine and jurisprudence that led it to gradual recognition, up to the issue of art. 17 GDPR (reg. 2016/679/EU). Starting from a critical reflection of the widespread tendency that accords it a priority position with respect to constitutional rights, it is intended to demonstrate how the right to be forgotten, as an expression of human personality (art. 2 of the Italian Constitution), cannot escape the balancing they, in particular, with the right to information (art. 21 of the Italian Constitution). This right, declining the principle of favor veritatis, does not admit limitations that are not justified by reasonableness and proportionality, so as to bring back, in the prism of constitutional protections, not the right to be forgotten, but the right to be “reasonably” forgotten.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.