Online reputation right to be forgotten
How to obtain cancellation according to the Court.
The Milan Court has issued an interesting ruling on the right to be forgotten, reputation protection, and online defamation.
In particular, the same Court annulled a provision of the Privacy Guarantor.
With the sentence in words, the Court of Milan orders Google Italy and Google Inc, jointly and severally, to proceed with the de-indexing of a URL among the search engine results.
The measure is important for two reasons:
- This is one of the first (if not the first) judicial decisions that overturns the criteria followed by the Privacy Guarantor to deny the right to be forgotten Following the Court of Justice ruling that explicitly recognized this right, the criteria are modeled on those Google typically uses to deny the right to be forgotten.
- Formally, the ruling recognizes, probably for the first time in Italy, the liability of the local subsidiary of the search engine (Google Italy), in addition to that of the parent company Google Inc., highlighting how the protection of the privacy of Italian citizens can also be achieved through the protection requested from an Italian judge.
In practice, the ruling highlights the right of every individual to have their dignity and personal identity protected online, compared to users' interest in acquiring information that is no longer the original.
And this is true, according to the Court, even if there was an overriding public interest at the time of the facts.
According to the Court, "personal data, which in 2010 could have been lawfully processed by the media in the name of an overriding 'public interest', can then lose that theoretically conceivable public interest if, circulating on the web after some time, 'they appear to be out of date, irrelevant, or incomplete'.".
Online reputation right to be forgotten
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