Recognition of the right to Digital Oblivion: Tensions Between Freedom of Expression and Privacy

Abstract

This study examines the recognition and scope of the right to be forgotten in the digital environment. It seeks to have this right recognized and guaranteed in Ecuadorian legislation in order to protect against future violations of the right to privacy or freedom of expression in the digital environment. This study adopted a qualitative approach that allowed for the collection of information, data, and results on the right to be forgotten in other countries. The right to be forgotten, the right to privacy, and freedom of expression were analyzed individually in terms of their content, scope, and limitations. It was determined that the mere presumption of the right to digital oblivion is not sufficient, but that its prompt regulation is necessary for the full exercise of individuals' rights and freedoms in the digital sphere. In addition, it was analyzed that, for the sake of privacy, there can be no limitations on the full exercise of freedom of expression; however, a thorough analysis of the case is necessary to weigh which right should prevail. We must remember that, in matters of human rights, the circumstances of the case may vary as to which right should prevail.