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Right to be forgotten

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Right to be forgotten

The right to be forgotten (RTBF) is the right to have private information about a person be removed from Internet searches and other directories in some circumstances. The issue has arisen from desires of individuals to "determine the development of their life in an autonomous way, without being perpetually or periodically stigmatized as a consequence of a specific action performed in the past". The right entitles a person to have data about them deleted so that it can no longer be discovered by third parties, particularly through search engines.

Those who favor a right to be forgotten cite its necessity due to issues such as revenge porn sites and references to past petty crimes appearing in search engine listings for a person's name. The main concern is for the potentially undue influence that such results may exert upon a person's online reputation indefinitely if not removed.

Those who oppose the right worry about its effect on the right to freedom of expression and whether creating a right to be forgotten would result in a decreased quality of the Internet, censorship, and the rewriting of history.

The right to be forgotten is distinct from the right to privacy. The right to privacy constitutes information that is not known publicly, whereas the right to be forgotten involves revoking public access to information that was known publicly at a certain time.

Argentina has had lawsuits by celebrities against Google and Yahoo! in which the plaintiffs demand the removal of certain search results, and require removal of links to photographs. One case, brought by artist Virginia da Cunha, involved photographs which had originally been taken with her permission and uploaded with her permission, however she alleged that the search results improperly associated her photographs with pornography. Da Cunha's case achieved initial success resulting in Argentina search engines not showing images of the particular celebrity, however, this decision is on appeal.

Virginia Simari, the judge in favor of Da Cunha, stated that people have the right to control their image and avert others from "capturing, reproducing, broadcasting, or publishing one's image without permission". In addition, Simari used a treatise written by Julio César Rivera, a Buenos Aires lawyer, author, and law professor "the right to control one's personal data includes the right to prevent others from using one's image." Since the 1990s, Argentina has also been a part of the habeas data movement in which they "adopted a constitutional provision that is part freedom-of-government-information law and part data privacy law." Their version is known as Amparo. Article 43 explains it:

"Any person shall file this action to obtain information on the data about himself and their purpose, registered in public records or databases, or in private ones intended to supply information; and in case of false data or discrimination, this action may be filed to request the suppression, rectification, confidentiality or updating of said data."

Argentina's efforts to protect their people's right to be forgotten has been called "the most complete"[by whom?] because individuals are able to correct, delete, or update information about themselves: overall, their information is bound to remain confidential.

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