El derecho a la protección de datos y delimitación del “derecho al olvido” en la Unión Europea

Resumo

The current General Data Protection Regulations (RGPD), European regulation directly applicable and with full effect from May 25, 2018, has been an important recognition and progress to strengthen the protection of personal data within the European Union. In this sense, a common and uniform regulatory framework has been passed, which in turn can be completed by each Member State. However, it admits that it is a complex issue, especially in view of the important legal challenges that still arise in technological environments and digital means of communication through the Internet. In this thematic and instrumental context, one of the issues that we estimate maintain greater interest, is the one relative to the functional and operational delimitation of the "right to be forgotten". In this regard, in this text, its current doctrinal configuration is analysed, based on observing outstanding pronouncements of the Court of Justice of the European Union, and also its positive incorporation in the aforementioned RGPD, among other legal innovations that are examined in this work, all with the purpose of signifying what are the main contributions of this general regulatory framework.