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ARTICLE · 15 MARCH 2019

The Right To Digital Erasure

Among the so-called digital rights guaranteed by the new Spanish Data Protection Law which is the Data Protection and Digital Rights Guarantee Act 3/2018

SpainPrivacy

Among the so-called digital rights guaranteed by the new Spanish Data Protection Law which is the Data Protection and Digital Rights Guarantee Act 3/2018 of December 5, is the right to digital erasure on Internet searches.

It is the right of citizens to request a company which manages Internet search engines to remove personal information from the list of search results provided by a search engine and obtained by name.

Nonetheless, a search removal request by a citizen does not provide unlimited rights to remove personal information from the Web. In order that the information to be removed it must be inadequate, inaccurate, irrelevant, outdated or excessive. However, this law also provides for the exercise of such rights when the personal circumstances invoked demonstrate that the right to privacy takes precedence over the right to information.

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