WHY FORGET? COMPARATIVE ANALYSIS OF THE BOUNDARIES OF THE RIGHT TO BE FORGOTTEN IN CHILEAN AND PERUVIAN JURISPRUDENCE

Calderón López A. · Revista Chilena de Derecho (2024) · DOI: 10.7764/r.513.4

Resumen

Despite the absence of a legal provision recognizing the existence of a right to be forgotten, Chile and Peru have each experienced a profuse but winding case law on this matter. This article presents a comparative analysis of the jurisprudence of the Chilean Supreme Court and the Peruvian administrative jurisprudence and the recent decisions of the Constitutional Tribunal. Through this parallel, we aim at finding the foundations and boundaries over which these countries have been building the right to be forgotten at the jurisprudential level. This comparison also makes it possible to locate some shortcomings, both theoretical and practical, when the courts had to decide whether to allow the suppression or the restriction of access to information that was publicly available on the Internet.

Instituciones: Pontificia Universidad Católica del Perú