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The Right To Be Forgotten And Privacy :Analyzing the Decision of the Court of Justice of the European Union

The Court of Justice of the European Union’s decision of May 2014 accepting a protection of the right to be forgotten caused a great sensation around the world. The limit of this right, which permits to conceal one’s bad history, has a practical significance because the right may create a decrease of other competing rights, especially freedom of speech. This article assumes the competition of rights is serious constitutional question that needs a square answer to harmonize the enhancement of individual rights and the compelling interests for the public good. Traditional methodology on constitutional decision making regarding the privacy and the free speech based on a theoretical dogmatics contains an inherent drawback surrounded by the fast changing Internet technology. Therefore, this article argues that we need to make use of effective methods for better constitutional interpretation that is a purpose-based apporach presented by the U.S. Supreme Court Justice Stephen Breyer, in addition to a new understanding of privacy articulated by a law scholar Daniel Solove.