Manni v. Camera di Commercio Lecce
Case Law- Country
- Country Location
Latitude: 42.82063999428387
Longitude: 12.730955243111072
- Country Location (linked Case Law)
- Italy
- Decision Date
- Aug 9, 2017
- Case Status
- Closed
- Case Outcome (Procedural)
- Reversed Lower Court
- Case Outcome (Disposition)
- Injunction, Order, or Motion Granted
- Keywords
- Data Protection and Retention
- Privacy
- Right to be Forgotten
- Judicial Body
- Supreme Court (court of final appeal)
- Case Number
- 19761/2017
- Case Summary
The Italian Supreme Court, relying on the preliminary ruling of the European Court of Justice (hereinafter, "ECJ"), held that as Italian law provides no right to be forgotten relating to information published in companies’ register neither the authority responsible for maintaining the register nor the courts could erase, block or anonymize personal data in the register. Mr. Salvatore Manni, director of a company which was awarded a contract for the construction of a tourist complex in Italy, brought an action against the Lecce Chamber of Commerce. In his view, the properties in the complex were not sold because of information in the companies register that he had been the administrator of another company that went bankrupt in 1992 and was wound up in 2005. The Italian Supreme Court reasoned that the establishment of the companies register and the lack of a national rule allowing retention of data only for a certain time were the result of a balancing exercise carried out by the Italian legislator between individual needs and those of the community, and that the interest of the individual to prevent the availability of data relating to his or her management history could not prevail over the public interest in maintaining the certainty and transparency necessary to promote economic and social relationships.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Caselaw (self)
- Source URL
- Columbia Global Freedom of Expression