HURBAIN v. BELGIUM JUDGMENT
press articles were reasonable only if the consequences for the data subject
were particularly serious and the measures therefore did not fundamentally
call into question the principle that such material should be made available
other than in a few isolated cases.
130. In the case before it the German Federal Court of Justice found that
there was nothing to indicate that the retention in the defendant’s archives of
the initially lawful press articles would have particularly serious
consequences for the applicant.
F. Case-law of the Italian Court of Cassation
131. The Italian Court of Cassation tends to give a degree of priority to
data protection that is in direct proportion to the time that has elapsed since
the original publication of the information concerned.
132. The Court of Cassation has ordered the deletion of information only
in cases where there was no public interest in retaining the information or
where it had in fact been published in breach of the data subject’s right to
privacy (judgment no. 15160/2021). It has ruled that if there is a public
interest in the accessibility of the information but the dissemination of the
data subject’s personal data is not essential (for instance, because the data
subject is not a public figure), the only effective remedy is delisting. Deletion
of the information should be a measure of last resort (judgment
no. 13524/2021). The court has held that it is preferable to update the
information or place it in context in the article concerned, which should
reflect changes to information that was originally truthful and published
lawfully but is no longer of topical relevance. Hence, in the view of the Court
of Cassation, the intrinsically historical nature of any archive prohibits its
“amputation” through the deletion of information. The fact that online
archives are rapidly accessible merely justifies a special remedy for the data
subject that does not affect the retention of the material as originally
published. This also ensures that the print and digital versions of the archive
remain identical (judgments nos. 5525/2012, 7559/2020 and 9147/2020).
THE LAW
ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
133. The applicant alleged that the order for him to anonymise the
archived version of the impugned article on the website of the newspaper
Le Soir constituted a violation of freedom of expression, freedom of the press
and freedom to impart information. He relied on Article 10 of the Convention,
the relevant parts of which provide:
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