INFORMATION TECHNOLOGY
Supreme Court of Cassation: the de-indexing of judicial news articles can only be requested after the final acquittal.
With the recent judgment no. 31859/2024, the Supreme Court addressed a case relating to the de-indexing of judicial news articles, confirming the need to balance the right to be forgotten and the right to report.
The right to de-indexing is a tool for the protection of confidentiality and personal identity. The Court reiterates that the application of this right must be assessed in the light of the principle of proportionality, taking into account the public interest in historical memory and the individual's right to the protection of personal data. In this context, the processing of data by publishers and search engines is scrutinized with particular attention.
The decision points out that de-referencing can only be requested after a final acquittal, in accordance with the General Data Protection Regulation (GDPR) and established case law. In this perspective, the Court emphasizes that the need for de-referencing cannot be based exclusively on the long period that has elapsed since the publication of the news reports, but must instead consider the overall context, including the procedural moment in which the judicial case is located.
In the case examined, the applicant had requested the removal or de-indexing of articles related to a judicial case that had not yet been concluded at the time of the request. The Court confirmed the inadmissibility of the application, noting that de-referencing cannot be recognized until the final conclusion of the criminal proceedings with a favorable outcome for the interested party. The decision is based on the balance between constitutionally protected rights, such as the right to privacy (Articles 7 and 8 of the Charter of Fundamental Rights of the European Union) and the right to report (Article 21 of the Constitution).
The sentence also recalls the introduction of art. 64-ter of the Code of Criminal Procedure with the Cartabia Reform, which expressly regulates the right to de-referencing for those who have obtained a sentence of acquittal or dismissal. This provision provides that the court registry notes the right to de-referencing or to preclude indexing directly on the documents, ensuring greater protection and procedural simplification for the data subjects.
The right to de-indexing is a tool for the protection of confidentiality and personal identity. The Court reiterates that the application of this right must be assessed in the light of the principle of proportionality, taking into account the public interest in historical memory and the individual's right to the protection of personal data. In this context, the processing of data by publishers and search engines is scrutinized with particular attention.
The decision points out that de-referencing can only be requested after a final acquittal, in accordance with the General Data Protection Regulation (GDPR) and established case law. In this perspective, the Court emphasizes that the need for de-referencing cannot be based exclusively on the long period that has elapsed since the publication of the news reports, but must instead consider the overall context, including the procedural moment in which the judicial case is located.
In the case examined, the applicant had requested the removal or de-indexing of articles related to a judicial case that had not yet been concluded at the time of the request. The Court confirmed the inadmissibility of the application, noting that de-referencing cannot be recognized until the final conclusion of the criminal proceedings with a favorable outcome for the interested party. The decision is based on the balance between constitutionally protected rights, such as the right to privacy (Articles 7 and 8 of the Charter of Fundamental Rights of the European Union) and the right to report (Article 21 of the Constitution).
The sentence also recalls the introduction of art. 64-ter of the Code of Criminal Procedure with the Cartabia Reform, which expressly regulates the right to de-referencing for those who have obtained a sentence of acquittal or dismissal. This provision provides that the court registry notes the right to de-referencing or to preclude indexing directly on the documents, ensuring greater protection and procedural simplification for the data subjects.
