CYRILLA: Global Digital Rights Law

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P.M.F. v. RCS Mediagroup

Case Law

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P.M.F. v. RCS Mediagroup

Case Law

Country

Italy

Country Location

Latitude: 42.82063999428387

Longitude: 12.730955243111072

Country Location (linked Case Law): Italy

Decision Date: 27 de mar. de 2020

Case Status: Closed

Case Outcome (Procedural)

Affirmed Lower Court

Keywords

Data Protection and Retention
Privacy
Right to be Forgotten

Judicial Body: Supreme Court (court of final appeal)

Court Name: Italian Supreme Court

Case Number: Cass. civ., n. 7559/2020

Case Summary: The Italian Supreme Court rejected a request to remove a newspaper article detailing the criminal convictions of an Italian businessman from an online news archive. The businessman’s son had sought the removal of the article or the inclusion of an annotation detailing a later absolution of the conviction. The Italian Data Protection Authority and the Court of First Instance of Milan had rejected the son’s requests, and he appealed to the Supreme Court. The Court acknowledged the right of the public to be informed of matters of public interest can be limited by an individual’s right to protection of their personal data, but held that removing the article from the archives would be a disproportionate limitation of right to inform. It held that de-indexing the article from search results would be proportionate.

Case Significance: The Court established that, while deleting the article from the historical archive would disproportionately hurt the interest of the general public and its right to be informed, de-indexing them would create a good balance between such right and the right to be forgotten of the person involved.

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

Related Caselaw (self)

Google Spain SL v. Agencia Española de Protección de Datos
Magyar Jeti Zrt v. Hungary
S.G. v. Unione Sarda S.P.A.

Source Name and URL: Global Freedom of Expression

Collection

Columbia

Date Updated: 3 de jul. de 2024

Primary Documents

Supreme Court Judgment (Italian)
Italian
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