The right to oblivion It was born to protect the identity and reputation of individuals from information present online which, although true at the time of publication, no longer represent the current situation of the person. However, it is not a question of canceling theirs history from the web, but of Adjust access to obsolete personal data when you type in search engines. The right to oblivion, in fact, does not eliminate the content from the websites, but prevents that it easily appears among the results of the online research associated with the name and surname of the individual subjects. It is a legal response to the growing need not to remain prisoners of his digital past, especially when the facts have been overcome and evolved or resolved.
It is possible to exercise this right even if you have been involved directly in the dissemination of the news, for example through an interview or a public post on social media. But not everyone can be asserted and in any case it is necessary to distinguish between obsolete news, still current and of historical interest. To get the deindicizationwe must contact the publisher of the head that published the article and/or the search engine, which provides special modules to forward the request. In some cases, it is also possible to ask for an update of the news with a note that report any subsequent developments. But be careful: the total elimination of the news or its alteration by anonymization cannot be claimed.
What is the right to oblivion
The right to oblivion has its roots in the need for balance two fundamental rights: that atinformationsanctioned by article 21 of Constitutionand that to Protection of private lifeguaranteed by article 7 of Charter of fundamental rights of the European Union (also known as the “Nice Charter”). This balance has become particularly necessary when digital information, easily accessible and practically permanent, began to significantly affect the reputation of ordinary people. From here, the evolution of the regulations – in particular of the European courts – led to the affirmation of a specific right, then formalized in General Data Protection Regulation or GDPR (General Data Protection Regulation).
What is granted through the right to oblivion is not the pure cancellation of the information on the websites, but rather theirs deindicization. This technical term indicates the removal of connections between a web page and search engines. In practice, the news remains present on the publisher’s website that published it, but is no longer accessible by typing the name and surname of a person on Google or similar search engines. It is a form of protection aimed at limiting the social impact of the news without canceling it from the collective digital memory.
To establish whether a news can be considered obsolete is generally a judge, and this evaluation varies case by case. The most recurring criteria are based on severity of the fact shownon his evolution over time and on public location of the subject involved. For example, a closed criminal investigation without conviction can legitimize the request already after two or three years. If, on the other hand, it is a definitive sentence, the necessary time could be greater.
When a news is false, there is no need to wait: it must be removed immediately, as it constitutes a defamation or a violation of privacy. If the news is not of public interest, however, it must be removed as it violates the subject’s privacy.
Who can exercise the right to the cancellation of personal data and as
It is important to know that The right to oblivion can be exercised by anyoneeven by those who had a sentence. If the legal situation has changed – for example with an acquittal on appeal or in the Court of Cassation – there is the right to request not only the deindicization, but also the addition of an updated note on the articles that have narrated the facts and which reflects the current state of affairs. This also applies to those who have played an active role in the dissemination of information, as in the case of public declarations or content posted on social media: these actions do not preclude the possibility of requesting the use of the right to oblivion at a later time.
The procedure for activating the right to oblivion provides for a First phase of requestthat it is possible direct to the owner of the site or newspaper newspaper. It is preferable to do so through legal value tools, such as the PEC (Certified e -mail) or the registered letter with return receipt. You can also contact directly to the search engine concerned. Google and Bing, for example, make a online form ad hoc to submit the demanding requests (you can find it available to the links just provided). The Court of Justice of the European Union has in fact established that Research engines are co -responsible for the processing of indexed personal data.
It should be clarified that Not in all circumstances it is possible to assert the right to oblivion. If the news is still current, if it concerns events of historical relevance or if it has returned to relevance for recent developments, it is not possible to ask for their deindicization. Think, for example, of the case of a public official involved in the scandals of the past and now again at the center of media attention for a possible new public assignment: in a similar context the collective interest prevails over individual confidentiality.
Another thing we want to reiterate: Deindicized articles do not disappear from the Internet. They remain available through the website of the online newspaper, even if their impact on the public visibility of the subject involved is significantly reduced. This solution allows you to protect individual reputation and at the same time not compromise the right to conservation of historical memory.
