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The Case of Yahoo!Emea Limited and Yahoo!Italia s.r.l. v. Italian Data Protection Authority

Case Law

Country

Country Location

Latitude: 42.82063999428387

Longitude: 12.730955243111072

Case Outcome (Procedural)

Keywords

Case Summary: On February 8, 2022, the Italian Supreme Court reversed the ruling of the Court of First Instance of Milan, which had upheld the legality of a measure issued by the Italian Data Protection Authority against Yahoo! search engine. On the basis of Mr. D.B.C.’s right to be forgotten, the measure had ordered Yahoo! to de-reference and delete the cache copies of internet content related to him. The Supreme Court considered, instead, that the removal of the cache copies would be disproportionate and that de-referencing alone was sufficient.

Case Significance: The decision expands expression by considering the de-referencing of the content involving the data subject’s name to be sufficient. It reversed the ruling of the Court of First Instance which had considered proportionate the Italian Data Protection Authority’s order to delete the cache copies of the content.

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

The decision has particular relevance in that: 1) it established that the Italian Data Protection Authority lawfully intervened against a foreign company (Irish Yahoo!); 2) it consolidated its preceding caselaw regarding the use of de-referencing as a proportionate remedy which strikes a fair balance between the right to be forgotten of a data subject and the right of the general public to be informed.

Related Caselaw (self)

Collection