HURBAIN v. BELGIUM JUDGMENT – SEPARATE OPINIONS in full (deemed compatible with Article 8 in the case of M.L. and W.W. v. Germany, nos. 60798/10 and 65599/10, 28 June 2018). The other options consist in the de-indexing of the article (found to be compatible with Article 10 of the Convention in Biancardi v. Italy, no. 77419/16, 25 November 2021), its alteration (an approach dismissed in Fuchsmann v. Germany, no. 71233/13, 19 October 2017, under Article 8) or the addition of a notice (deemed compatible with Article 10 in Times Newspapers Ltd v. the United Kingdom (nos. 1 and 2), nos. 3002/03 and 23676/03, ECHR 2009). I note that in each of the cases cited above the Court endorsed the choice made by the national authorities, although the measures in question differed in each case. 15. The present case concerns a different measure on which the Court had not previously ruled, namely the anonymisation of digital archived content accessible to the public. As observed in the present judgment (see paragraph 249), the measure in question is specific and limited. It relates solely to the first name and surname of the person concerned and does not affect the remainder of the information conveyed. It concerns personal data which form part of the inner core of private life but which may, in some cases, be essential to the information conveyed. 16. Allow me to note in passing that our Court is no stranger to the practice of anonymisation. An applicant may in fact request and obtain anonymity, even after the decision or judgment has been delivered, where anonymisation is necessary in order to guarantee his or her safety or privacy2. Such cases of anonymisation are not uncommon in practice. 17. In the present case it should be noted that the Liège Court of Appeal gave lengthy reasons for its judgment in the light of the Convention. After identifying the conflicting rights it carried out a detailed balancing exercise, subject to review by the Court of Cassation, which in substance met the criteria defined by the Court in the present judgment. 18. In my view, a clear distinction needs to be made between the continued online availability of the article on the one hand and G.’s continued identification in that article on the other. Was the article of 10 November 1994, entitled “Série noire dans le Tournaisis : cinq morts en quatre jours” (“Series of tragic accident in the Tournai area: five deaths in four days”) of contemporary or historical interest when G. submitted his request to the domestic courts in 2012? That is open to doubt. However, the fact that the article was not of such interest does nothing whatsoever to diminish the seriousness of the acts for which G. was convicted and subsequently rehabilitated. Let me be quite clear about that. See, in this regard, the practice direction issued by the President of the Court on 14 January 2010. 2 89

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