The right to be forgotten is one of the most debated concepts in the field of data protection and freedom of speech. This right refers to the possibility of requesting the de-indexing or delinking of certain personal information from search results associated with an individual’s name.
Its distinctive feature lies in that it applies to truthful information which, despite being accurate, has lost public relevance over time and whose continued dissemination may affect a person’s reputation, privacy, or private life.
In Argentina, this right is not expressly regulated under Law No. 25,326 on the Protection of Personal Data, although it has been the subject of extensive judicial interpretation and academic debate.
Legal Framework in Argentina
- Law No. 25,326: Recognizes the rights of access, rectification, updating, and supression of personal data (Articles 14 and 16). These provisions serve as the legal foundation for certain requests to remove information.
- National Constitution: Articles 19 and 43 protect the right to privacy, the protection of personal data, and the ability to file a habeas data action.
- Convention 108+: Ratified by Argentina, it incorporates international standards reinforcing the principle that data should be deleted once it is no longer relevant for the purpose for which it was collected.
Argentine Case Law on the Right to Be Forgotten
One of the most significant precedents is the “Denegri, Natalia Ruth v. Google Inc.” (Supreme Court of Justice, June 28, 2022) decision, in which the Court rejected the application of the right to be forgotten regarding a public figure, emphasizing:
- The primacy of freedom of speech and access to information.
- The distinction between public figures and private individuals.
- The impossibility of ordering a “generalized erasure” of information that forms part of public debate.
Nevertheless, the Court also reflected on the opacity of algorithms and the lack of transparency in the indexing processes of personal information.
Current Situation and Ongoing Debates in Argentina
Today, most requests for deletion or de-indexing are directed at search engines. The current debate centers on:
- The need for legislative reforms that expressly incorporate the right to be forgotten into Law No. 25,326.
- The impact of artificial intelligence and search algorithms, which amplify the permanence and dissemination of information online.
- The continuing tension between the right to privacy and freedom of speech, particularly concerning public figures and matters of public interest.
Conclusion
The right to be forgotten in Argentina remains largely a jurisprudential and doctrinal development. For individuals, companies, and digital platforms, this means that each case must be carefully assessed to strike a fair balance between privacy and freedom of speech.
The inclusion of the right to be forgotten in the draft reform of Law No. 25,326 suggests a future legislative definition, whose scope and implementation will ultimately depend on the forthcoming regulatory and judicial debate.
For inquiries regarding Data Protection and the Right to Be Forgotten in Argentina, please contact us.
