O direito ao esquecimento na era da sociedade da informação: reflexos oriundos do enunciado 531 da “VI Jornada de Direito Civil brasileira”

Abstract

The current information age implies high speed in data transmission which can travel the globe instantly. But often the information disclosed are old, in different contexts of the current, and confront the person's personality right that they are linked. In this context, it is discussing the existence of a law guaranteeing the individual not to have outdated information about them taken up by the media or by internet users, which would set the right to oblivion. Thus, if we discuss this right to be forgotten can be considered a personality right that is sort of fundamental right. For this, it analyzes the fundamental rights and the personality rights, the concept of fundamental rights materials and non completeness of the personal rights of the Civil Code, which allows new rights will be added to the list of those already positivized. In addition, analyzes conflicts between fundamental rights as well as how to resolve these conflicts in order to try to resolve the impasse between the right to information / freedom of expression and the right of anyone to not see taken up by the media or the Internet fact past related to his life. Finally, talks up the role of the media in disseminating information about past anyone but to make an analysis of the internet as a new medium of mass communication and the problems that this entails. In this sense, we try to examine the possibility of guaranteeing the right to be forgotten in the virtual environment, analyzing the treatment and data protection in some countries in Latin America, Europe, and Brazil, which now has specific legislation on the subject in 2014 with the enactment of the Civil Marco Internet Law. Finally, we seek to know the reflections coming from Statement 531 of the "VI Day of Civil Law".