The right to be forgotten : a balance between privacy and public rights?

Abstract

The decision given by the CJEU on the RtbF brought a number of mixed feelings regarding the application of such judgment, between those who hold that the decision is a step forward towards the protection of the right to privacy on the internet and those who hold that this a further threat against the exercise of freedom of expression. The aim of this thesis is to analyse the RtbF in the light of the impact which the Internet has on both the right to privacy and data protection and the right of freedom of expression. Through an examination of the right to oblivion and a number of foreign judgements which dealt with such right, the author will try to define the RtbF. After reviewing a number of judgements given both by the CJEU and the ECtHR, the thesis will focus on the proper balance which is to be achieved between privacy, data protection and freedom of expression in the application of such ‘right’, while also analysing the role which persons, information and time play in such balance. By the end of this analysis the author shall try to bring forward various solutions for the proper application of a RtbF and what in his opinion should be the best procedure to be applied in a Maltese context. The aim of this thesis is not to delve in data protection issues but rather to analyse the RtbF from a human rights aspect. Further the author notes the absence of Maltese case law relating both to the RtbF and the right to oblivion, consequently any quoted Maltese case law is derived from libel cases.