To balance the freedom of information and the right to be forgotten, it can be asked for deindexation from search engines. The article retains its historical value and as such must remain accessible to subscribers and to those who should carry out specific research.

In the complaint submitted to the Guarantor, a citizen asked the editor of an online national newspaper to delete his personal data from an article published in the extract in the online archive.

The man believed that the article was detrimental to him and was no longer relevant, since it concerned a court case dating back to 1998, without any subsequent developments. In the meantime, the charge of embezzlement aggravated on his behalf had been declared extinguished by the Supreme Court of Cassation for limitation. He complained that the publisher had not responded to his request for the exercise of the rights to be read

In considering the request for oblivion unfounded, the Guarantor considered the social usefulness and the value of the historical document of the article in addition to the fact that this had already been de-endicated by the publisher. The article was in fact freely accessible in the archive only in extract and in full only by subscribers.

Moreover, the date of publication and its location within the archive allowed the contextualization of the case, for which, in any case, the complainant had never provided documents of subsequent developments.

The Authority has instead ordered the publisher to pay a penalty of 20,000 euros for not having provided any answer to the interested party, as provided for by the Regulation, and has ordered the full publication of the measure on the website of the Guarantor.

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