The Supreme Court of Azerbaijan has officially confirmed the right of citizens to demand the removal of outdated or irrelevant information published in the media, aligning national judicial practice with international human rights standards.
Operative Information Center-OMM reports that the court released an official statement regarding the "right to be forgotten." According to the court, the European Court of Human Rights recognizes this right under Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life.
New position of the Supreme Court on the 'right to be forgotten'
In a recent Plenum Decision regarding the "Protection of Personal Rights," the Supreme Court established new legal positions on this matter. The court's opinion emphasizes that negative situations or past incidents should not follow an individual indefinitely. Once public information has been disseminated, a person's right to be forgotten may arise under specific conditions.
This legal development in Azerbaijan reflects a growing global trend toward digital privacy. The "right to be forgotten" allows individuals to request that search engines and media platforms remove links to private information that is no longer relevant, accurate, or in the public interest, balancing the freedom of information with the right to personal dignity.
Conditions for the removal of information from the internet
A person may submit a request for the removal of information if a certain period has passed since its publication and the data has become outdated or lost its relevance. The primary condition is that the information must no longer be of state or public interest.
To satisfy such a request, the information must have been disseminated on a digital platform. Furthermore, the applicant must prove that the continued availability of the information is detrimental to their interests. Loss of relevance implies that information which was once part of the public agenda no longer holds significance for society at the time the claim is filed.
Protection of personal and business reputation
Individuals seeking the removal of negative information often do so to avoid being permanently confronted with past actions or public statements in various contexts, such as seeking employment or establishing business relationships. However, when filing a claim, they must justify and provide evidence of the negative impact on their interests.
Can legal entities and companies use the right to be forgotten?
The right to be forgotten is not exclusive to individuals; it is also considered a non-property right belonging to legal entities. For example, a company may demand the removal of information published five years ago regarding a defect in a product it manufactured, provided the information is no longer relevant. Claims should be filed against the operators of online digital platforms and media subjects where the information is hosted.
Scope of the right to be forgotten
The right to be forgotten covers publicly available information (text, audio, video, etc.) previously disseminated on digital platforms that negatively affects the interests of a physical or legal entity. This includes anonymizing, hiding, archiving, or restricting access to data, provided the information no longer serves a state or public interest.
Exceptions: What information cannot be deleted?
Certain information, including images, audio, and written or oral speeches, may continue to be disseminated if it serves a state or public interest. Such information remains within the legitimate interest of society due to its ongoing relevance. In these cases, the dissemination is considered legal regardless of the individual's consent, and the person cannot demand its correction or deletion despite any negative impact on their interests.
