잊혀질 권리가 우리나라 법체계에서 가지는 시사점 - 구글 스페인 v. AEPD & Gonzalez 판결문 분석을 위주로 -

The European Court of Justice found in Google v. Gonzalez that. to protect European citizens’ right to be forgotten, search engines are obligated to delete certain search results containing personal data. The ECJ’s decision is noteworthy in that the subject of personal data has been granted right to request the removal of a link which is connected to the page containing personal data. However, ECJ has upheld the right to privacy at the expense of freedom of speech and the right to access information. Furthermore, the decision is also problematic in that it has afforded Google, a private entity, the preliminary authority regarding personal information protection. The right to be forgotten forms a part of a constitutional right known as the right to informational self-determination. Furthermore, Act on promotion of information and communications network utilization and information protection, etc. enables individuals to exercise the right to be forgotten in certain cases. However the above Act leans toward the protection of private information instead of balancing it with freedom of speech and right to access information. In the case of Personal information protection Act, personal information processor, or in the case of Act on promotion of information and communications network utilization and information protection, etc., internet service provider is obligated to ensure personal data protection. As such, when the obligated entity is a private entity, a similar problem as in the case of Google v. Gonzalez arises. The recently announced Guidelines on the right to request access restriction on personal internet postings by the Korea Comunications Commision, affords the right to request deletion of postings (including search engine links) made by the user himself or herself in the event of technical difficulties. However it should be noted that the above guideline is also imbalanced in that it does not consider the weight of freedom of speech and the right to access information.