CYRILLA: Global Digital Rights Law

CYRILLA: Global Digital Rights Law

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S.G. v. Unione Sarda S.P.A.

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S.G. v. Unione Sarda S.P.A.

Case Law

Country

Italy

Country Location

Latitude: 42.82063999428387

Longitude: 12.730955243111072

Country Location (linked Case Law): Italy

Decision Date: Jun 4, 2019

Case Status: Closed

Case Outcome (Procedural)

Reversed Lower Court

Case Outcome (Disposition)

Law or Action Overturned or Deemed Unconstitutional

Keywords

Data Protection and Retention
Privacy
Right to be Forgotten

Judicial Body: Supreme Court (court of final appeal)

Court Name: United Sections (“Sezioni Unite”) of the Italian Supreme Court

Case Number: Cass. civ. SS.UU., n. 19681/2019

Case Summary: The United Sections (“Sezioni Unite”) of the Italian Supreme Court held that a newspaper had violated the right to be forgotten of a man convicted of murder 27 years previously by publishing an article about the murder and enabling the murderer’s identification. After the Court of First Instance in Cagliari and the Court of Appeals of Cagliari had found in the newspaper’s favor, the Court distinguished between the right to inform, particularly of new facts in the public interest, and the historical re-evocation of facts of the past as in the present case. The Court held that a subject of a past event that had been lawfully reported on has what could be called “a right to keeping the dishonor secret.” Hence, any re-evocation of the past without connection to current events must be done by anonymizing the person involved when this person does not play a relevant public role.

Case Significance: The decision contracto expression in finding that an individual’s “a right to keeping [past] dishonor secret” and stressing that when a person is no longer of public interest and the memory of past events has left collective memory, the Court held that an individual’s right to be forgotten outweighs the right to inform.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v. Salvatore Manni
Google Spain SL v. Agencia Española de Protección de Datos
Magyar Jeti Zrt v. Hungary
Manni v. Camera di Commercio Lecce
S.G. v. Unione Sarda S.P.A.

Source URL: Global Freedom of Expression

Collection

Columbia

Date Updated: Jul 3, 2024

Primary Documents

Judgment (Italian)
Italian
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