디지털 데이터와 잊혀질 권리

The right to be forgotten can be said to protect the right to self-determination regarding the formation of one's personality from being threatened due to past information (due to not being forgotten). The right to decide one's own personality image to be reflected by others is recognized by the general personality right (this is expressed as “das Recht auf Selbstdarstellung”, or the right to self-determination of one's social personality). This is the right necessary to renew these rights, which were previously enjoyed by immortality, as they are threatened and this is a right different from the protection of privacy and the right to self-determination of personal information. Therefore, in order to recognize the right to be forgotten as a new fundamental right of its own meaning, it should be regarded as a right to claim that information about me that has already been legally disclosed is no longer searched, no matter how it is called, such as search exclusion, search prohibition, search blocking, etc. This is because the right to be forgotten as the right to erasure is considered to be included in the protection area of ​​the right to self-determination of personal information. If information about me can be completely deleted, this will be a true right to be forgotten, but since this is virtually impossible in the reality of being transformed into a hyper-connected society, the details of the right to be forgotten will also have to change. Therefore, it can be said that the current right to be forgotten is to protect general personal rights by allowing the formation of my personality to be a little more free because information about me is no longer searched.