BIANCARDI v. ITALY JUDGMENT – explore the possibility of allowing de-indexation of content which, while in the public domain, was not intended for mass communication (or mass communication in aggregate). ...” B. Council of Europe Convention for the Protection of Individuals with Regard to the Processing of Personal Data of 18 May 2018 17. The relevant provisions of the Convention of 18 May 2018 – updating the previous Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, which was opened for signature on 28 January 1981 and came into force on 1 October 1985, ETS 108 – read as follows: Article 5: Legitimacy of data processing and quality of data “1. Data processing shall be proportionate in relation to the legitimate purpose pursued and reflect at all stages of the processing a fair balance between all interests concerned, whether public or private, and the rights and freedoms at stake. 2. ... 3. Personal data undergoing processing shall be processed lawfully. 4. Personal data undergoing processing shall be: ... b. collected for explicit, specified and legitimate purposes and not processed in a way incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes is, subject to appropriate safeguards, compatible with those purposes; c. adequate, relevant and not excessive in relation to the purposes for which they are processed; d. accurate and, where necessary, kept up to date; e. preserved in a form which permits identification of data subjects for no longer than is necessary for the purposes for which those data are processed.” Article 6: Special categories of data “1. The processing of: ... – personal data relating to offences, criminal proceedings and convictions, and related security measures; ... shall only be allowed where appropriate safeguards are enshrined in law, complementing those of this Convention. 2. Such safeguards shall guard against the risks that the processing of sensitive data may present for the interests, rights and fundamental freedoms of the data subject, notably a risk of discrimination.” 7