The AEBOE has recently published a compendium of legislation on the right to be forgotten (the "Code") which summarizes the relevant regulations that may affect such right that has been recognized by the European Court of Justice on its judgement on the Google case issued in May 2014.
The right to be forgotten is defined in the Code as the right to safeguard one's reputation. The introduction to the legal compilation states that with the broad use of internet and social media ensuring that the right to be forgotten is respected is of paramount importance.
The right to be forgotten is not specifically regulated in Spain, but it may be considered already protected by data protection laws, and civil legislation on the protection of honour and self-image. The introduction to the Code mentions how the right to be forgotten may also be the object of civil court proceedings that may refer to varied purposes including injunction measures and the allocation of compensations.
The Code is not envisaged as a formal compilation but as a mere working tool with the aim to summarise all regulations that affect or regulate the right to be forgotten. It includes the following categories of laws:
- Spanish Constitution (Part-Inclusive)
- Personal Data Protection Regulations
- Information Society
- Civil law
- Criminal Legislation
- Regulation of Administration of Justice
- Regulation of Public Administration
- Regulation of Minors
- Sanitary Regulations
- Regulation of Official Gazettes
- Regulation of Pardons
- Regulation of State Security Forces and Bodies
- Prison Regulation
- Telecommunications Rules
- Regulations on Consumers and Users
- Social Security Regulation
- Regulation about Publication of Traffic Penalties
To see the full text of the Code (only available in Spanish), please click here.