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The right to not forget freedom of speech

*By Camila Taliberti and Paulo Brancher

In the recent years, there have proliferated cases before Brazilian and foreign courts where a certain person claims for the removal, de-indexation or non-disclosure of information about oneself in Google’s research results, invoking the so-called “right to be forgotten”.

According to a survey conducted by the Institute of Technology & Society of Rio – ITS Rio, between 2012 and 2016, the Courts of Rio de Janeiro, São Paulo, Paraná, Rio Grande do Sul, Paraíba and the Federal District, amounted to 114 cases that brought about the “right to be forgotten” in communication vehicles, including the Internet.(1)

The idea of a “right to be forgotten” emerged over 20 years ago in Europe, as a right to rectify, erase or block data when they are incomplete or inaccurate, as provided under Article 12 of Directive 95/46/EC of the European Parliament and of the Council, which addresses the protection of personal data.

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