Implementación normativa del artículo 18.4 de la CE: El derecho al olvido

Abstract

The purpose of this work is to analyze the normative implementation of article 18.4 of our Magna Carta, in order to address the new reality, and rights. An analysis of its historical evolution, as well as its legislative and jurisprudential development, is carried out, focusing on the resolutions passed in this regard. The mechanisms are articulated to carry out the exercise of the right to be forgotten, in connection with other rights of access, rectification, deletion, limitation of treatment, portability and opposition contained in Organic Law 3/2018 and Regulation 2016/679. The guarantee nature of the right to be forgotten will be analyzed with respect to other rights of the subjects, such as the right to privacy, the right to honor, the right to work or the right to freedom of business, among others, all from a doctrinal and jurisprudential perspective. In short, an analysis and reflection on the weighting between freedom of information and personality rights, which are affected by the advancement of technology, where there is an impact on the exercise, delimitation and protection of fundamental rights, intimating a social change, and consequently a rapid update of legislation and jurisprudence, in the face of the paradigm shift.