The “dialectical pair” consisting of the right to be forgotten and freedom of information requires courts to perform a careful hermeneutic analysis. Far from any presumption of general absolutisation, courts are called upon to strike a balance between the opposing interests on a case-by-case basis and to identify the most suitable normative solution according to the criterion of reasonableness, aware that “the need to preserve historical facts and favor Veritatis” justifies not protecting the right to be forgotten per se, but the “reasonable” right to be forgotten.
The Mobile Borders between the Right to be Forgotten and Freedom of Information
F. Lazzarelli
2022-01-01
Abstract
The “dialectical pair” consisting of the right to be forgotten and freedom of information requires courts to perform a careful hermeneutic analysis. Far from any presumption of general absolutisation, courts are called upon to strike a balance between the opposing interests on a case-by-case basis and to identify the most suitable normative solution according to the criterion of reasonableness, aware that “the need to preserve historical facts and favor Veritatis” justifies not protecting the right to be forgotten per se, but the “reasonable” right to be forgotten.File in questo prodotto:
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