Blocking of content indexed by Google
In the historic ruling of May 13, 2014, the Court of Justice of the European Union was call upon to rule on the request for the removal of data made by a Spanish citizen, who request the removal of harmful link concerning him belonging to his past, no longer relate to the present, and that therefore the story no longer had to be trace back to his name.
The Court approved the request to delete links from the search engine and also ruled that Google itself (recognizing the status of Data Controller for this entity) is oblige to remove the links from the list of result of search, obtain by typing the name of a person.
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That is those online contents that lead back to new consider harmful to the subject, without however the news being remove from the site on which they appear and even if the publication is in itself lawful. The judge therefore declared that, on the basis of articles 7 and 8 of the Charter of Fundamental.
Right of the European Union, the applicant has the right to request that the information no longer be made available to all through the result of search engine. (request for the right to be forgot by de-indexing). Currently, the ruling only concern Europe but has opened the way to further way of protecting thermite to be forgot all over the world and to informative self-determination.
The evolution of the legislation and the right to be forgot in the GDPR
Over the years, the needs of citizens in order to have their fundamental rights recognized have led the legislator to discuss various issues. The possibility of deleting online content and therefore the management of one’s rights in relation to the right to privacy is of paramount importance.
Within the decree on wiretapping, paragraph 28 of art. 1 indicates that the person in charge of each computer site has the same obligations provided for by the Press Law, for the editors of newspapers, namely that of rectifying untruthful information.
Right To Be Forgot
Citizens have the right to rectify online news. Right to be forgot (May 20, 2009): Hon Lusaka present a bill to guarantee citizen subject to criminal proceeding the right to be forgot once a certain period of time has elapse, concerning image, data and new which must no longer be available to anyone.
Data relating to “expire” judicial order that reverberate online can be de-index and update .
Art. 7 Legislative Decree no.196 of 2003 Privacy Code : provides that each interested party has the right to know at any time who is in possession of their personal data and what use they intend to make of them, being able to oppose their treatment (seer quest for de-indexing, cancellation, blocking from the web ) through a request for removal, rectification or updating cos’è il diritto all’oblio.
Personal Data Concern
Art. 17 GDPR 2016/679: entitle “Right to be forgot” not only on the internet which provide: “The interest party has the right to obtain from the data controller the cancellation of personal data concerning him without undue delay [… ]. The data controller is oblige to cancel the personal data without undue delay if there is no legitimate overriding reason to proceed with the process.
The same GDPR 2016/679 Regulation provides, art. 6 that the processing of data cannot override the interests of the data subject’s fundamental rights or freedoms. Reiterating the need to rebalance the interest at stake: the right to be forgot and the right to information.
Removal Of Content
The matter of the right to be forgot and the removal of content (link) online is constantly evolving both on a legislative and jurisprudential level. In practice, the enhancement and protection of the right to be forgot require technical IT skills and suitable legal techniques to allow effective information self-determination and thus safeguard one’s digital reputation.
Many times the interested parties don’t just need to remove textual content such as articles or similar, but the removal of their photos from internal, the removal of videos from the web , respond to the needs of protection of the private sphere that the advent of the use of social media has made difficult.
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