El derecho al olvido y a la protección de datos personales en Uruguay

Abstract

The doctrinal and jurisprudential developments on the "right to oblivion" are framed in the permanent challenges that the current digital era with a hyper-connected and hyper-formed society imposes on the law and the different regulations.
The "right to oblivion" should be analyzed in the context of the protection of personal data on the Internet and social networks with special emphasis on the necessary balance between modernization and guarantee of the right of citizens to preserve control over their personal data and the Application of new information technologies.
The right to oblivion, as a projection of the rights of suppression and opposition of the data, should not be interpreted as synonymous with "erasing" or "hiding" certain information related to a person, although its consecration points to the right of the Holder of the data so that your personal information does not remain indefinitely and permanently, and easily accessible, in social networks and the internet.
We must be very careful to point out that the right to forget can not be interpreted as contrary to transparency, although we must work on solutions and formulas that allow us to respect a person's right to have their data not remain indefinitely on the Internet
linked to facts or Negative and even positive events of their life and that represent a permanent social condemnation in social networks and the internet.
We understand that the real problem that witnessing today is not that there is secret or confidential information, - always existed type- information to the extent it is logical that certain information is not publicly available; but lies mainly in the lack of foundation and motivation of such limits to public information, on the understanding that it is not enough to say we can not access certain information because it is secret or confidential, we have to say because it is secret, or confidential.