Artemi Rallo, El derecho al olvido en Internet. Google vs España (The right to be forgotten on the Internet: Google v Spain) (BooK Review)

Abstract

The challenges that technological advances pose for the protection and guarantee of fundamental rights are countless but none of these challenges has aroused such an intense debate as the one generated by the unexpected decision of the Court of Justice of the European Union (CJEU) delivered on 13 May 2014. The judgment has resolved a long dispute related to the liability of search engines, the applicability of data protection law and the rights of citizens.

After the advent of the Internet and the ensuing explosion of social networks, Internet users are increasingly aware of the need to protect their privacy and individual reputation. The CJEU has faced this emerging legal issue and, in its ruling, the Court upholds the right to be forgotten online and acknowledges its exercise under certain conditions against a search engine in an unusual change of approach to the position taken by the General Advocate. The Court's approach unequivocally supports the innovative doctrine that the Spanish Data Protection Agency (AEPD) has maintained for years. This doctrine was largely forged during the period in which Artemi Rallo served as Director of the AEPD. This quality along with his status as Professor of Constitutional Law confers a special value …