The Right to be Forgotten on the Internet. The Phenomenon of Search Engines

Abstract

This article is intended to analyze the issue of the “right to be
forgotten” on the internet. This concept will be analyzed, from its
origins, as petitions to protect rights, filed with data protection
agencies from European countries, until its present application,
configured as a quasi-basic right framed within the sphere of the
basic right to data protection. Also, this article analyzes the work
performed by Agencia Española de Protección de Datos, that
was the first European agency to decide on penalizing the search
engines for the misuse of data during their operation. These cases
were heard by the Audiencia Nacional that performed a brilliant
prejudicial process (from a technical point of view) about the
operation of search engines with respect to the setting of the right
to be forgotten.