BIANCARDI v. ITALY JUDGMENT Article 136: Journalistic purposes ... “1. The provision contained in this paragraph [Journalism and Literary and Artistic Expression] are applicable to the processing of data: (a) carried out in the exercise of journalistic activities and for the exclusive pursuit of the inherent objectives. ...” Article 139: Code of ethics concerning journalistic activities “The Data Protection Authority encourages the adoption by the National Council of Journalists of a code of ethics in respect of the processing of the [type of] data referred to in Article 136, which [would provide] protective measures ... in respect of ..., in particular, data that could reveal information regarding [a person’s] state of health or sexual life. ...” Article 152: Ordinary judicial authorities “1. An ordinary judicial authority [autorità giudiziaria ordinaria] has jurisdiction to settle all disputes concerning the application of the provisions contained in the present code ... 2. In order to institute proceedings concerning all disputes mentioned in paragraph 1 above, an appeal shall be lodged with the registry of the court serving the place of residence of the person whose (personal data) are being processed. 3. The court will decide [a case] sitting in a single-judge formation. ... 13. A judgment may not be subject to an appeal on the merits before a secondinstance court; however, it may be subject to an appeal on points of law before the Court of Cassation. ...” II. INTERNATIONAL LAW MATERIAL A. Recommendation CM/Rec(2012)3 of the Council of Europe’s Committee of Ministers to member States on the protection of human rights with regard to search engines 16. In its relevant parts, Recommendation CM/Rec(2012)3 of the Council of Europe’s Committee of Ministers to member States on the protection of human rights with regard to search engines, adopted by the Committee of Ministers on 4 April 2012, reads as follows: “7. The Committee of Ministers ..., under the terms of Article 15.b of the Statute of the Council of Europe, recommends that member States, in consultation with private sector actors and civil society, develop and promote coherent strategies to protect freedom of expression, access to information and other human rights and fundamental freedoms in relation to search engines in line with the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5, hereinafter referred to as the ‘Convention’), especially Article 8 (Right to respect for private and family life) and Article 10 (Freedom of expression) and with the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108, 5