DIREITO AO ESQUECIMENTO DIGITAL: ENTRE A LIBERDADE DE EXPRESSÃO E A PROTEÇÃO DE DADOS

Abstract

This study aims to analyze the relationship between the right to freedom of expression and the right to personal data protection, focusing on the concept of the right to digital oblivion. The research starts with defining these rights, followed by an analysis of the legal bases and the challenge of reconciling data protection with the right to information. The methodology adopted is qualitative, using the deductive scientific method, with bibliographic research in recent articles and books, analysis of relevant legislation and study of jurisprudential cases in Brazil and Europe. The main results indicate that the right to data protection can prevail over the right to the dissemination of information, favoring the implementation of the right to digital oblivion, especially when the information disclosed is not relevant or is out of date. Technological evolution and the expansion of the internet require constant updating of legal standards to ensure that fundamental rights are respected in a balanced way. Thus, it is concluded that the removal of information from the internet must be preceded by a careful analysis, with the right to be forgotten emerging as a mechanism for reconciling privacy and freedom of expression.