BIANCARDI v. ITALY JUDGMENT
rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.”
A. Admissibility
31. The Court notes that the application is neither manifestly ill-founded
nor inadmissible on any other grounds listed in Article 35 of the
Convention. It must therefore be declared admissible.
B. Merits
1. The parties’ submissions
(a) The applicant
32. The applicant pointed out that the criminal proceedings instituted
against V.X. had still been pending at the date on which the Supreme
Court’s judgment had been issued in respect of his case. Therefore, it could
not be said that the period of time during which the information had
remained published was excessive. Thus, V.X.’s “right to be forgotten” had
never existed in the first place.
33. The applicant submitted that the domestic authorities had not taken
into account Article 99 of Legislative Decree no. 196/2003, which provided
that the processing of personal data for, inter alia, “historical research
purposes” (scopi storici) could be carried out upon the expiry of the period
allowed for achieving the different purposes for which the data had
originally been collected and processed. He also referred to Articles 136
and 139 of the same decree and to the above-mentioned code of ethics,
which contained specific provisions regarding the protection of journalists’
freedom of expression.
34. The applicant further submitted that he had been unjustly held liable
for not having erased the article in question, since only the search engine
provider (that is to say, Google Italy) had been technically capable of delisting the article in question.
35. The applicant also pointed out that, in cases similar to the present
one, the balance between the protection of individuals’ reputation under
Article 8 and the freedom of expression provided by Article 10 had been
easily secured by simply requiring the publications concerned to publish
supplementary information or clarifications to the articles in question.
(b) The Government
36. The Government submitted that an adequate balance between the
applicant’s freedom of expression and the right of V.X. and his restaurant to
respect for his private life (and the reputation of both) had been achieved in
the instant case.
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