The Mobile Borders Between the Right to Be Forgotten and Freedom of Information

by Federica Lazzarelli

This essay investigates the topic of the right to be forgotten, off and online, in the context of freedom of information, proposing an innovative reconstruction that differs from the prevailing orientation, also accepted by the GDPR, which largely gives it priority over other fundamental rights. Stemming from a line of interpretation attentive to the values of personalism and solidarism (Art 2 of the Italian Constitution), the reconstruction seeks to demonstrate that, although it is an expression of human personality, the right to be forgotten must be seen in relation to the right to information (Art 21 of the Italian Constitution), which too is an indispensable tool for the cultural growth of the human person and the implementation of the principle of favor veritatis. This principle, which is at the basis of the current legal order, does not permit limitations with no axiological justification, unless a specific balancing operation, based on principles of proportionality and reasonableness, has been performed in advance.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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