La responsabilidad civil en supuestos de vulneración del derecho al olvido

Resumo

The protection of the right to be forgotten can give rise to different legal reactions. The GDPR regulates several pathways through which a person can get custody of her or his right to be forgotten, because whoever has suffered damages as a consequence of an infraction of its provisions, will be entitled to receive compensation for the damages and losses suffered, including patrimonial and moral damages. However, this requires some qualifications because the regulation does not create a system of either strict or subjective liability related to the damages caused by the storage, processing, dissemination and disclose of certain personal data. This raises a number of legal issues in terms of achieving effective compensation for the affected party and begs the question of whether the right to be forgotten is an efficient mechanism to resolve the legal problems arising from this new paradigm.