CYRILLA: Global Digital Rights Law

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Google Inc. v. B.R.

Case Law

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Google Inc. v. B.R.

Case Law

Country

Italy

Country Location

Latitude: 42.82063999428387

Longitude: 12.730955243111072

Country Location (linked Case Law): Italy

Decision Date: 21 de jul. de 2021

Case Status: Closed

Case Outcome (Procedural)

Reversed Lower Court

Keywords

Data Protection and Retention
Internet Service Providers
Privacy
Right to be Forgotten

Judicial Body: Supreme Court (court of final appeal)

Court Name: Italian Supreme Court

Case Number: Cass. Civ., n. 20861/2021

Case Summary: The Italian Supreme Court held that Google did not have to de-index search results of an individual as the individual had not provided details of the information he wished to be removed. After a lower court ordered Google to remove all results related to the individual as the information was no longer publicly relevant, Google had appealed to the Supreme Court. The Court acknowledged that the right to be forgotten can impose an obligation on search engines to remove information from its search results, but found that the request in this case was too generic and did not enable Google to sufficiently identify and de-reference the content which allegedly violated the individual’s right.

Case Significance: In clarifying that a request for de-referencing or deletion of content from an Internet service provider must clearly identify that content, the Supreme Court ensured that the obligation to monitor and remove content is not overly onerous.

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

By clarifying that, when requesting the deletion or de-referencing of content from an Internet service provider, the claimant must clearly identify (possibly by providing the URLs) the content whose removal is demanded, the Court offered binding precedent concerning the procedural requirements of the request.

Related Caselaw (self)

Google Spain SL v. Agencia Española de Protección de Datos
SABAM v. Netlog NV, Case C‑360/10
Scarlet Extended SA v. SABAM

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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