The right to be forgotten: a crescendo of protection through courts

The right to be forgotten is achieving recognition as a genuine fundamental right. If, in some legal arenas, it is consecrated ex novum, in others it is inferred from previous constitutional rights and principles (such as self-determination, private life, image, honor and human dignity). Yet, the conceptualization of freedom of expression and of privacy differs greatly in both sides of the Atlantic: The United States of America versus the European states. Echoing these differences, it is interesting to learn the crescendo dynamic of jurisprudential protection of the right to be forgotten amongst supreme courts: Supreme Court of the United States (minimalism); European Court of Human Rights (intermediate approach) and Court of Justice of the European Union (maximalism).