Internet, dati personali e diritto all’oblio. «You have zero privacy now. Get over it!»

Abstract

The subject of the paper is about not only the right to be forgotten as it is recognized by the famous Google Spain judgment of 2014, a really challenging topic still in the making, but it follows its evolution and consequences which are studied only by a small part of the doctrine. So the paper will offer an analytic study about the right to be forgotten and some of its different declinations – “right to erasure or not to be seen” or “not to be found” - as it comes to light in the judicial decisions concerning the substance and the judicial precedent of the supreme court in Italy and even overseas. Aliter dicta: we don't consider the right to be forgotten only as a satisfaction for the request to not to see any legitimate news or data published in illo tempore or after a congrous time period. Instead we have to study it sine ira ac studio as in the context, better, as the exact recostruction of the individual identity. In this way the right of cyber freedom becomes a new form of the traditional habeas data right, which takes his legal strenght from the human dignity, a not negotiable right in the contemporary law system. Nevertheless the perception of this fundamental value changes among the different law systems due to the particular juridical events which imply not the sacrifice of the so called principle but, sometimes, its compression. So it would be an absolutely partial view to analyze the protection of the personal data offered by our or european or oversea law system. So the best approach would be the comparison one. For all these reasons the paper, after a comparative examination of the cultural matrix beneath the concept of privacy between EU and USA, shows us an analisys of the most important institutes related to it, as the the right to be forgotten and his production of the law in the new General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and as the topic of the ISP responsability in the italian law system which has made a clear statement in the privacy topic, or such as the digital inheritance as produced by the italian authority, and, finally, the “digital inheritance”.