STF denies recognizing the ‘right to be forgotten’ in Brazil

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The so-called “right to be forgotten” will not be adopted in Brazil. The decision came from a vote held at the Supreme Federal Court (STF) on Thursday (11).

By a majority, the ministers decided that people involved in cases of great repercussion cannot demand the non-disclosure of information about what happened, nor the deletion of images and other content broadcast in the media. The res judicata involves a homicide that occurred in 1958, in Rio de Janeiro, and was reconstructed in Rede Globo’s Linha Direta program, in 2004. The family requested moral damages for the use of the victim’s image.

The majority followed the vote of the rapporteur, Minister Dias Toffoli, who indicated incompatibility between the right to be forgotten and the Constitution, also citing the right to freedom of expression. Only Minister Edson Fachin recognized the right, but arguing that each case judged must be analyzed individually.

Exists in Europe

The topic has been debated by technology companies for some years: in 2014, after a favorable opinion in Europe, Google started talking about the difficulty of deleting traces and cited data that includes the receipt of 655 thousand requests for deletion of content in four years.

Recent court decisions taken on the continent have ensured that the company should comply with requests made in lawsuits, by paying a fine for failing to comply with the determination.

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