El conflicto entre el derecho al olvido y la libertad de información de la prensa contenida en hemerotecas
As a result of the judgements of the Spanish Constiturional Court of 4,h June and the European Court ofHuman Rights of28,h june, both of2018, the purpose of this paper is to analyse the conflict between the right to be forgotten and freedom of information in relation to a specific situation: the...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7198030 |
| Source: | Derecho privado y Constitución, ISSN 1133-8768, Nº 34, 2019, pags. 51-95 |
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| Summary: |
As a result of the judgements of the Spanish Constiturional Court of 4,h June
and the European Court ofHuman Rights of28,h june, both of2018, the purpose of
this paper is to analyse the conflict between the right to be forgotten and freedom of
information in relation to a specific situation: the use of the name and surnames in
news contained in digital press archives. Firstly, it is considered if the digital archives
of the press are protecred by the freedom of information and, secondly, the weighring
criteria to balance rhe rights at issue are studied, especially, the public re!evance of the
inforrnarion aíter the passage of time. Finally, the appropriate measures for rhe restoration
of the right to be forgotten are determined and compared with those provided
by the recent legal instruments that have recognized it, in particular, wirh the GDPR
and rhe LOPDGDD. |
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