El conflicto entre el derecho al olvido y la libertad de información de la prensa contenida en hemerotecas

Abstract

As a result of the judgements of the Spanish Constiturional Court of 4,h June and the European Court ofHuman Rights of28,h june, both of2018, the purpose of this paper is to analyse the conflict between the right to be forgotten and freedom of information in relation to a specific situation: the use of the name and surnames in news contained in digital press archives. Firstly, it is considered if the digital archives of the press are protecred by the freedom of information and, secondly, the weighring criteria to balance rhe rights at issue are studied, especially, the public re!evance of the inforrnarion aíter the passage of time. Finally, the appropriate measures for rhe restoration of the right to be forgotten are determined and compared with those provided by the recent legal instruments that have recognized it, in particular, wirh the GDPR and rhe LOPDGDD.