CHILE AND THE RIGHT TO ENJOY THE BENEFITS OF SCIENTIFIC PROGRESS BY CONTROLLING ONE'S ONLINE IDENTITY

The academic and policy debates over the right to be forgotten primarily focus on a zero-sum game pitting privacy versus freedom of expression. However, a more nuanced approach could satisfy the various important interests at stake. This article contends that Article 15 of the International Covenant on Economic, Social and Cultural Rights allows individuals to define their own online identities while also accounting for the public interest in freedom of information and expression. Given Chile's historical and contemporary role in crafting and promoting economic, social and cultural rights, the article examines that country's experience with, and approach to, remembering and forgetting. The legal and cultural experience of Chile provides support for an international human rights-based alternative to the right to be forgotten based on Article 15 of ICESCR.