Olvidado en el Olvido: caracterización jurisprudencial administrativo del derecho al olvido en el Perú

In this study, we look into the jurisprudential construction of the right to be forgotten in Peru, with a focus on the administrative decisions issued by the National Authority for the Protection of Personal Data (ANPDP) between 2018 and 2022, the period immediately preceding the first formal recognition of this right by the Peruvian Constitutional Court. Through a combined quantitative and qualitative analysis of 43 identified cases related to the right to be forgotten, we find that the elements of time lapsed and newsworthiness are the primary factors considered by the administrative authority. However, their assessment has been inconsistent, and no fully objective standards have yet been established to ensure the predictable application of this right in the absence of specific legislation. Our findings indicate a strong acknowledgment of the right to be forgotten within the Peruvian legal framework, but they also reveal a lack of clear and coherent criteria to determine when the deletion, de-indexing, or updating of online information is appropriate. These results may serve as a baseline for future research on the evolution of this right, particularly in jurisdictions where its recognition has emerged primarily through judicial decisions.