Il futuro regolamento EU sui dati personali e la valenza “politica” del caso Google: ricordare e dimenticare nella digital economy

The decision of the European Court of Justice on the right to be forgotten seems to be oriented to anticipate some aspects of the ongoing reform of the EU data protection and to reopen the discussion on the right to erasure. In the same way, the “reaction” adopted by Google intends to point out the criticisms related to the decision, in the light of the future regulation. The solutions suggested by the court are consistent with the existing legal framework, but not adequate with regard to the state-of-the-art. For this reason, the future regulation should consider the peculiar nature of the search engine as data controller. From this perspective, a potential solution is represented by a specific provision that introduces a temporary removal of the link from the list of results, on the basis of the data subject’s request. If, in a given lapse of time, the data subject does not make a legal action, the link is reactivated.