“Right to be forgotten” in front of Registry of Commerce

The European Supreme Court states that citizens have no “right to be forgotten” in front of Registry of Commerce Referring to the case C-398/15, the sole director of an enterprise which has been declared insolvent and liquidated sought an order requiring the Registry of Commerce to erase, anonymise or block the data linking him to the liquidation of his previous enterprise, claiming that this public information is detrimental to his current building company. The European Supreme Court claims the purpose of the principle of publicity, which means to ensure the necessary legal security in relationships between companies and third parties, moreover, to protect the interests of the thirds parties. Therefore, the member states could not guarantee to anybody whose data are registered in the Registry of Commerce, the right to obtain the deletion of the concerning data after a certain period since the liquidation of the company. The European Supreme court considers that the intrusion into the fundamental rights of the parties concerned, the privacy right and the right to protection of personal data, is not disproportionate when there is a limited personal data registered. It is also justified by the obligation of the publicity of a society when participating in an economic exchange, due to the fact of the possible need from a third of that information. Nevertheless, the European Supreme Court does not exclude that there may be certain situations, attending the legitimate reasons of the case and its specific interests, that could be limited the access to personal data entered in the Registry of Commerce over a sufficiently long period.

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