Garante per la protezione dei dati personali (Italy) - 9793921

From GDPRhub
Garante per la protezione dei dati personali - 9793921
LogoIT.png
Authority: Garante per la protezione dei dati personali (Italy)
Jurisdiction: Italy
Relevant Law: Article 17(1)(c) GDPR
Type: Complaint
Outcome: Upheld
Started: 10.11.2021
Decided: 16.06.2022
Published:
Fine: n/a
Parties: an unnamed professional
Google LLC
National Case Number/Name: 9793921
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): Italian
Original Source: Garante per la Protezione dei Dati Personali (in IT)
Initial Contributor: carloc

The Italian DPA ordered Google LLC to de-index an article about a criminal investigation on the data subject, as there was no public interest regarding the news, regardless of the article being accurate and up to date.

English Summary[edit | edit source]

Facts[edit | edit source]

The data subject was involved in a criminal investigation. Google LLC is the data controller.

In 2017 the data subject was investigated for unspecified allegations. Several websites published articles about the ongoing investigation, including nationwide news outlets. In 2019 the investigation was closed, and the data subject was cleared of any involvement with the alleged crime.

The data subject requested the websites to delete the articles about him. Most websites complied with his request, but some did not. The data subject then requested the controller to de-index the remaining pages. However, the controller refused his request. Therefore the data subject filed a complaint with the Italian DPA, claiming that the controller wrongfully denied his right to be forgotten.

After the complaint, the controller granted the data subject’s request almost entirely, except for a single article by local news outlet Tuttoggi. The controller argued that it was accurate, and that knowledge of the news was in the public interest. The article was updated in 2021 and specified that the investigations were closed, and that the data subject was cleared of all involvement.

Holding[edit | edit source]

The DPA acknowledged that the article by Tuttoggi was accurate and up to date. However, the DPA found that in the case at hand, there was no public interest in the news. For this reason, the DPA ordered the controller to de-index the article by Tuttoggi.

In this context, the DPA referenced guidelines from both the WP29[1] and the EDPB[2] on the right to be forgotten. The Court also considered that under Article 1(25) of law 134/2021,[3] the subject of an investigation may request an order for de-indexing when investigations are closed. While Article 1 is not directly effective (as it needs to be implemented by the Government through a delegated act), the DPA still took the Article into consideration in its decision, in order to account for the new legislative orientation.

Finally, the DPA specified that the decision at hand is based on a case-by-case assessment. For this reason, it will not count the case at hand as a past violation in any future proceeding against the controller.

Comment[edit | edit source]

Further Resources[edit | edit source]

Share blogs or news articles here!

English Machine Translation of the Decision[edit | edit source]

The decision below is a machine translation of the Italian original. Please refer to the Italian original for more details.

[doc. web n. 9793921]

Provision of June 16, 2022

Record of measures
n. 227 of June 16, 2022

THE GUARANTOR FOR THE PROTECTION OF PERSONAL DATA

IN today's meeting, which was attended by prof. Pasquale Stanzione, president, professor Ginevra Cerrina Feroni, vice president, dr. Agostino Ghiglia and the lawyer Guido Scorza, members, and the cons. Fabio Mattei, general secretary;

GIVEN the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter, the "Regulation");

GIVEN the Code regarding the protection of personal data, containing provisions for the adaptation of the national system to Regulation (EU) 2016/679 (Legislative Decree 30 June 2003, n.196, as amended by Legislative Decree 10 August 2018, no. 101, hereinafter the "Code");

GIVEN the complaint submitted to the Guarantor, pursuant to art. 77 of the Regulations, on 10 November 2021, with which Dr. XX, represented by the lawyer XX, asked to order Google LLC to remove from the search results found in association with his name, including searches carried out using the words XX, XX and XX, of some URLs linked to contents that reported to a legal case dating back to 2017 which had seen him involved as XX and which had ended with an archiving decree, issued against him from XX, on 20 February 2019;

CONSIDERING that in the complaint it was represented in particular that:

the legal case had concerned XX with respect to which the applicant was totally unrelated, so much so that the criminal proceedings against him had ended with the aforementioned archiving decree;

pending the investigations against the person concerned, numerous articles relating to the matter had been published on the websites of various national primary-level newspapers, as well as on specialized sites, due to his profession of XX;

these articles had undergone, thanks to the automatic indexing processes of Google Search, a rapid diffusion on the web, associating the search with the name and surname of the complainant;

upon archiving, the interested party had requested the various newspapers concerned and the individual websites involved to delete the articles (about 50) and the reference links, obtaining positive feedback from most of them;

with respect to the instances that remained unsuccessful, in consideration of the damage suffered, the interested party had therefore first turned to Google Italy, subsequently, correctly, to Google LLC, to request the removal from the search results of several URLs still present on the Web;

following the negative feedback from the company, motivated by the alleged existence of a public interest in the news in relation to the professional life of the interested party, the latter, with the complaint addressed to the Authority, reiterated its request for removal of the URLs still available, by carrying out a search starting from his name and surname, also including the combination with other keywords such as XX, XX and XX ", as all referable to news relating to events that occurred in 2017 and considered" obsolete and out of date " ;

HAVING REGARD to the note of 6 December, integrated on 20 December 2021, with which the Authority asked the data controller to provide its observations on what is represented in the introductory document of the procedure and to communicate its possible intention to adhere to the complainant's requests;

GIVEN the note of 7 January 2022 with which Google LLC found that it could adhere to the complainant's request, also taking into account the new documentation produced in relation to the aforementioned archiving decree of the XXth and in particular:

to proceed with the blocking of ten of the URLs indicated in the complaint (listed with numbers from 1 to 10 of the first and second page of the reply provided by the company) from the search results linked to the name of the complainant in the European versions of the Google search engine;

not to have identified, with regard to the URL https: // ... (identified on page 2 of the aforementioned reply), as already communicated to the interested party, the name of the latter within the page linked to said URL and to have therefore taken manual measures to prevent the positioning of the same among the results associated with the name of the complainant in the European versions of the Google search engine;

having verified, with reference to the other five URLs (listed with numbers from 1 to 5 on the second page of the feedback provided by the company), that "the related web pages are not displayed in the Google search results associated with the complainant's name ";

NOTING that with regard to the URL https: // ... (indicated on page 2 of the feedback provided by the company) which refers to an article published by the newspaper and cultural association "Tuttoggi", the company instead decided not to proceed with removal as:

the related content is recent and updated to the developments of the legal matter involving the person concerned;

at the bottom of the article, to which this URL addresses, there is a reference to an update of the news of January 15, 2021 which acknowledges the aforementioned archiving decree and the complainant's extraneousness to the facts narrated in the article itself;

this content is to be considered, precisely as it is updated, correct, since it provides a current representation of the criminal proceedings that involved the complainant;

on the basis of the same indications contained in the Guidelines of the WP Art. 29, the element of accuracy of the data is relevant for the purpose of balancing oblivion and public interest in the availability of the news, therefore it would be inappropriate to remove an objectively exact URL as updated that excludes that the content to which it refers may generate "an inaccurate, inadequate or misleading impression" of the interested party;

the URL in question is journalistic in nature, confirming the permanent public interest in the news, again in light of the criteria indicated in the aforementioned Guidelines;

NOTING that no reply was received from the interested party to whom the Google communication was also addressed;

CONSIDERING, preliminarily, that:

as a result of the activities carried out in Europe through its offices, the principle of establishment applies to Google LLC and therefore the related processing is subject to the provisions of the Regulation by virtue of the provisions of art. 3, par. 1;

the processing of personal data connected to the use of the Google search engine is however directly managed, also for the EU territory, by Google LLC, based in the United States;

this circumstance is suitable to found, pursuant to art. 55, par. 1, of the Regulation, the competence of the Italian Guarantor to decide the complaints proposed to it with reference to its national territory;

CONSIDERING that, unless the fact constitutes a more serious crime, whoever, in a proceeding before the Guarantor, falsely declares or certifies news or circumstances or produces false acts or documents, is liable pursuant to art. 168 of the Code "False statements to the Guarantor and interruption of the performance of the tasks or the exercise of the powers of the Guarantor";

NOTING, with regard to the measures adopted by Google, that the company has:

proceeded to block the URLs indicated with numbers from 1 to 10 of the first and second page of the feedback provided by the same;

adopted, not having identified the name of the complainant within the page related to the URL https: // ... (indicated on page 2 of the feedback provided), manual measures suitable to prevent its positioning among the search results associated with its name in the European versions of the search engine;

verified, with reference to the other five URLs (listed with numbers from 1 to 5 of the second page of the feedback provided), that the related web pages are not displayed among the Google search results associated with the complainant's name;

CONSIDERED, with regard to the request for removal of the additional URL indicated in the application filed against Google LLC, which, for the purpose of assessing the existence of the conditions for the recognition of the right to be forgotten pursuant to Articles 17, par. 1, lett. c), and 21, par. 1, of the Regulation, it is necessary to take into account, in addition to the element constituted by the passage of time, also the additional criteria expressly identified by the WP Art. 29 - Article 29 Group on the protection of personal data through the specific "Guidelines" adopted on 26 November 2014 following the aforementioned ruling of the Court of Justice of the European Union, as well as the most recent "Guidelines" no. 5/2019 adopted by the European Data Protection Board (EDPB) on 7 July 2020, containing the criteria for the application of the right to be forgotten by search engines in the light of the Regulation;

NOTING that:

the only URL https: // ..., subject of the complaint, which Google has deemed not necessary to remove refers to an article, published in 2017 by the web magazine "Tuttoggi" ("Giornale online dell'Umbria"), which , although updated in 2021 with the developments of the judicial affair involving the data subject, cannot be considered strictly functional to the information needs of the community and such as to prevail over the data subject's right to protect his or her own sphere of confidentiality;

the definition of the legal matter with an archiving provision, regardless of the course of time, constitutes, in the light of the most recent legislative guidelines (see Article 1 (paragraph 25) of Law No. 134 of 27 September 2021), a suitable prerequisite for obtaining the de-indexing request;

however, from the result returned by the search engine, in association with the complainant's name, the update of the news does not emerge as the first evidence;

on the basis of the same guidelines of the WP Art. 29 (see points 5 and 8) the contested content appears to be capable of causing prejudice to the personal and professional life of the complainant, precisely because the continuing availability of the same cannot be said to be supported by pre-eminent reasons of public interest;

CONSIDERING, therefore, that it is necessary to consider the complaint well founded in relation to the request for removal of the URL https: // ... and to have, for the effect, to order Google LLC, pursuant to art. 58, par. 2, lett. c) and g), of the Regulations, to have it removed as a search result available in association with the name of the interested party within twenty days of receipt of this provision;

CONSIDERING, pursuant to art, 17 of the Guarantor's regulation no. 1/2019, that the conditions exist to proceed with the annotation in the internal register of the Authority referred to in art. 57, par. 1, lett. u), of the Regulation, in relation to the measures adopted in this case against Google LLC in accordance with art. 58, par. 2, of the same Regulation;

NOTING, however, that the measure adopted in the case in question against the aforementioned company derives from an assessment carried out by the Authority on the basis of the specificities of the individual case and that, therefore, its registration in the aforementioned internal register cannot be considered, in any future proceedings hinged against the same data controller, as a relevant precedent for the purposes provided for by art. 83, par. 2) lett. c), of the Regulations;

NOTING that, in the event of non-compliance with the provisions of the Guarantor, the administrative sanction referred to in art. 83, par. 5, lett. e), of the Regulations;

HAVING REGARD to the documentation on file;

HAVING REGARD to the observations made pursuant to art. 15 of the regulation of the Guarantor n. 1/2000;

RAPPORTEUR prof. Pasquale Stanzione;

WHEREAS, THE GUARANTOR

pursuant to art. 57, par. 1 letter f), of the Regulation

a) takes note of what Google has declared in order:

the blocking of the URLs indicated with numbers from 1 to 10 of the first and second page of the feedback provided by the company;

the circumstance of not having identified the name of the complainant on the page related to the URL https: //...l (indicated on page 2 of the feedback provided by the company) and therefore having taken steps to take appropriate manual measures to prevent its positioning among the search results associated with its name in the European versions of the search engine;

the circumstance that, from the checks carried out by the same with reference to the other five URLs (listed with numbers from 1 to 5 of the second page of the feedback provided), the related web pages are not displayed among the Google search results associated with the name of the claimant;

b) therefore believes that, in the light of these statements, the conditions for the adoption of measures on the matter by the Authority do not exist;

c) declares the complaint well founded with regard to the request for removal of the URL https: // ... and for the effect, pursuant to art. 58, par. 2, lett. c) and g), of the Regulations, orders Google LLC to have it removed as a search result found in association with the name of the interested party within twenty days of receipt of this provision;

d) provides, pursuant to art. 17 of the regulation of the Guarantor n. 1/2019, the annotation in the internal register of the Authority referred to in art. 57, par. 1, lett. u), of the Regulations, of the measures taken against Google LLC in accordance with art. 58, par. 2, of the Regulation itself, without however attributing to this annotation - for the reasons mentioned in the introduction - a previous value in any future proceedings hinged on the same data controller, for the purposes provided for by art. 83, par. 2), lett. c), of the Regulation.

Pursuant to art. 157 of the Code, Google LLC is invited to communicate, within thirty days from the date of receipt of this provision, which initiatives have been undertaken in order to implement the provisions therein. Please note that failure to respond to the above request is punished with the administrative sanction pursuant to art. 166 of the Code.

Pursuant to art. 78 of the Regulation, as well as art. 152 of the Code and 10 of the d. lg. 1 September 2011, n. 150, against this provision, opposition may be proposed to the ordinary judicial authority, with an appeal filed, alternatively, at the court of the place where the data controller resides or is based or at that of the place of residence of the interested party within the deadline of thirty days from the date of communication of the provision itself or sixty days if the applicant resides abroad.

Rome, June 16, 2022

PRESIDENT
Stanzione

THE RAPPORTEUR
Stanzione

THE SECRETARY GENERAL
Mattei





[doc. web n. 9793921]

Provision of June 16, 2022

Record of measures
n. 227 of June 16, 2022

THE GUARANTOR FOR THE PROTECTION OF PERSONAL DATA

IN today's meeting, which was attended by prof. Pasquale Stanzione, president, professor Ginevra Cerrina Feroni, vice president, dr. Agostino Ghiglia and the lawyer Guido Scorza, members, and the cons. Fabio Mattei, general secretary;

GIVEN the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter, the "Regulation");

GIVEN the Code regarding the protection of personal data, containing provisions for the adaptation of the national system to Regulation (EU) 2016/679 (Legislative Decree 30 June 2003, n.196, as amended by Legislative Decree 10 August 2018, no. 101, hereinafter the "Code");

GIVEN the complaint submitted to the Guarantor, pursuant to art. 77 of the Regulations, on 10 November 2021, with which Dr. XX, represented by the lawyer XX, asked to order Google LLC to remove from the search results found in association with his name, including searches carried out using the words XX, XX and XX, of some URLs linked to contents that reported to a legal case dating back to 2017 which had seen him involved as XX and which had ended with an archiving decree, issued against him from XX, on 20 February 2019;

CONSIDERING that in the complaint it was represented in particular that:

the legal case had concerned XX with respect to which the applicant was totally unrelated, so much so that the criminal proceedings against him had ended with the aforementioned archiving decree;

pending the investigations against the person concerned, numerous articles relating to the matter had been published on the websites of various national primary-level newspapers, as well as on specialized sites, due to his profession of XX;

these articles had undergone, thanks to the automatic indexing processes of Google Search, a rapid diffusion on the web, associating the search with the name and surname of the complainant;

upon archiving, the interested party had requested the various newspapers concerned and the individual websites involved to delete the articles (about 50) and the reference links, obtaining positive feedback from most of them;

with respect to the instances that remained unsuccessful, in consideration of the damage suffered, the interested party had therefore first turned to Google Italy, subsequently, correctly, to Google LLC, to request the removal from the search results of several URLs still present on the Web;

following the negative feedback from the company, motivated by the alleged existence of a public interest in the news in relation to the professional life of the interested party, the latter, with the complaint addressed to the Authority, reiterated its request to remove the URLs still available, by carrying out a search starting from his name and surname, also including the combination with other keywords such as XX, XX and XX ", as all referable to news relating to events that occurred in 2017 and considered" obsolete and out of date " ;

HAVING REGARD to the note of 6 December, integrated on 20 December 2021, with which the Authority asked the data controller to provide its observations on what is represented in the introductory document of the procedure and to communicate its possible intention to adhere to the complainant's requests;

GIVEN the note of January 7, 2022 with which Google LLC noted that it could adhere to the complainant's request, also taking into account the new documentation produced in relation to the aforementioned archiving decree of the XX and in particular:

to proceed with the blocking of ten of the URLs indicated in the complaint (listed with numbers from 1 to 10 of the first and second page of the reply provided by the company) from the search results linked to the name of the complainant in the European versions of the Google search engine;

not to have identified, with regard to the URL https: // ... (identified on page 2 of the aforementioned reply), as already communicated to the interested party, the name of the latter within the page linked to said URL and to have therefore taken manual measures to prevent the positioning of the same among the results associated with the name of the complainant in the European versions of the Google search engine;

having verified, with reference to the other five URLs (listed with numbers from 1 to 5 on the second page of the feedback provided by the company), that "the related web pages are not displayed in the Google search results associated with the complainant's name ";

NOTING that with regard to the URL https: // ... (indicated on page 2 of the feedback provided by the company) which refers to an article published by the newspaper and cultural association "Tuttoggi", the company instead decided not to proceed with removal as:

the related content is recent and updated to the developments of the legal matter involving the person concerned;

at the bottom of the article, to which this URL addresses, there is a reference to an update of the news of January 15, 2021 which acknowledges the aforementioned archiving decree and the complainant's extraneousness to the facts narrated in the article itself;

this content is to be considered, precisely as it is updated, correct, since it provides a current representation of the criminal proceedings that involved the complainant;

on the basis of the same indications contained in the guidelines of the WP Art. 29, the element of accuracy of the data is relevant for the purpose of balancing oblivion and public interest in the availability of the news, therefore it would be inappropriate to remove an objectively exact URL as it is updated which excludes that the content to which it refers can generate "an inaccurate, inadequate or misleading "of the interested party;

the URL in question is journalistic in nature, confirming the permanent public interest in the news, again in light of the criteria indicated in the aforementioned Guidelines;

NOTING that no reply was received from the interested party to whom the Google communication was also addressed;

CONSIDERING, preliminarily, that:

as a result of the activities carried out in Europe through its offices, the principle of establishment applies to Google LLC and therefore the related processing is subject to the provisions of the Regulation by virtue of the provisions of art. 3, par. 1;

the processing of personal data connected to the use of the Google search engine is however directly managed, also for the EU territory, by Google LLC, based in the United States;

this circumstance is suitable to found, pursuant to art. 55, par. 1, of the Regulation, the competence of the Italian Guarantor to decide the complaints proposed to it with reference to its national territory;

CONSIDERING that, unless the fact constitutes a more serious crime, whoever, in a proceeding before the Guarantor, falsely declares or certifies news or circumstances or produces false acts or documents, is liable pursuant to art. 168 of the Code "False statements to the Guarantor and interruption of the performance of the tasks or the exercise of the powers of the Guarantor";

NOTING, with regard to the measures adopted by Google, that the company has:

blocking the URLs indicated with numbers from 1 to 10 of the first and second page of the feedback provided by the same;

adopted, not having identified the name of the complainant within the page related to the URL https: // ... (indicated on page 2 of the feedback provided), manual measures suitable to prevent its positioning among the search results associated with its name in the European versions of the search engine;

verified, with reference to the other five URLs (listed with numbers from 1 to 5 of the second page of the feedback provided), that the related web pages are not displayed among the Google search results associated with the complainant's name;

CONSIDERED, with regard to the request for removal of the additional URL indicated in the application filed against Google LLC, which, for the purpose of assessing the existence of the conditions for the recognition of the right to be forgotten pursuant to Articles 17, par. 1, lett. c), and 21, par. 1, of the Regulation, it is necessary to take into account, in addition to the element constituted by the passage of time, also the additional criteria expressly identified by the WP Art. 29 - Article 29 Group on the protection of personal data through the specific "Guidelines" adopted on 26 November 2014 following the aforementioned ruling of the Court of Justice of the European Union, as well as the most recent "Guidelines" no. 5/2019 adopted by the European Data Protection Board (EDPB) on 7 July 2020, containing the criteria for the application of the right to be forgotten by search engines in the light of the Regulation;

NOTING that:

the only URL https: // ..., subject of the complaint, which Google has deemed not necessary to remove refers to an article, published in 2017 by the web magazine "Tuttoggi" ("Giornale online dell'Umbria"), which , although updated in 2021 with the developments of the judicial affair involving the data subject, cannot be considered strictly functional to the information needs of the community and such as to prevail over the data subject's right to protect his or her own sphere of confidentiality;

the definition of the legal matter with an archiving provision, regardless of the course of time, constitutes, in the light of the most recent legislative guidelines (see Article 1 (paragraph 25) of Law No. 134 of 27 September 2021), a suitable prerequisite for obtaining the de-indexing request;

however, from the result returned by the search engine, in association with the complainant's name, the update of the news does not emerge as the first evidence;

on the basis of the same Guidelines of the WP Art. 29 (see points 5 and 8) the contested content appears capable of causing prejudice to the personal and professional life of the complainant, precisely because the persistent availability of the same cannot be said to be supported by overriding reasons of public interest;

CONSIDERING, therefore, that it is necessary to consider the complaint well founded in relation to the request for removal of the URL https: // ... and to have, for the effect, to order Google LLC, pursuant to art. 58, par. 2, lett. c) and g), of the Regulations, to have it removed as a search result available in association with the name of the interested party within twenty days of receipt of this provision;

CONSIDERING, pursuant to art, 17 of the Guarantor's regulation no. 1/2019, that the conditions exist to proceed with the annotation in the internal register of the Authority referred to in art. 57, par. 1, lett. u), of the Regulation, in relation to the measures adopted in this case against Google LLC in accordance with art. 58, par. 2, of the same Regulation;

NOTING, however, that the measure adopted in the case in question against the aforementioned company derives from an assessment carried out by the Authority on the basis of the specificities of the individual case and that, therefore, its registration in the aforementioned internal register cannot be considered, in any future proceedings hinged against the same data controller, as a relevant precedent for the purposes provided for by art. 83, par. 2) lett. c), of the Regulations;

NOTING that, in the event of non-compliance with the provisions of the Guarantor, the administrative sanction referred to in art. 83, par. 5, lett. e), of the Regulations;

HAVING REGARD to the documentation on file;

HAVING REGARD to the observations made pursuant to art. 15 of the regulation of the Guarantor n. 1/2000;

RAPPORTEUR prof. Pasquale Stanzione;

WHEREAS, THE GUARANTOR

pursuant to art. 57, par. 1 letter f), of the Regulation

a) takes note of what Google has declared in order:

the blocking of the URLs indicated with numbers from 1 to 10 of the first and second page of the feedback provided by the company;

the circumstance of not having identified the name of the complainant on the page related to the URL https: //...l (indicated on page 2 of the feedback provided by the company) and therefore having taken steps to take appropriate manual measures to prevent its positioning among the search results associated with its name in the European versions of the search engine;

the circumstance that, from the checks carried out by the same with reference to the other five URLs (listed with numbers from 1 to 5 of the second page of the feedback provided), the related web pages are not displayed among the Google search results associated with the name of the claimant;

b) therefore believes that, in the light of these statements, the conditions for the adoption of measures on the matter by the Authority do not exist;

c) declares the complaint well founded with regard to the request for removal of the URL https: // ... and for the effect, pursuant to art. 58, par. 2, lett. c) and g), of the Regulations, orders Google LLC to have it removed as a search result found in association with the name of the interested party within twenty days of receipt of this provision;

d) provides, pursuant to art. 17 of the regulation of the Guarantor n. 1/2019, the annotation in the internal register of the Authority referred to in art. 57, par. 1, lett. u), of the Regulations, of the measures taken against Google LLC in accordance with art. 58, par. 2, of the Regulation itself, without however attributing to this annotation - for the reasons mentioned in the introduction - a previous value in any future proceedings hinged on the same data controller, for the purposes provided for by art. 83, par. 2), lett. c), of the Regulation.

Pursuant to art. 157 of the Code, Google LLC is invited to communicate, within thirty days from the date of receipt of this provision, which initiatives have been undertaken in order to implement the provisions therein. Please note that failure to respond to the above request is punished with the administrative sanction pursuant to art. 166 of the Code.

Pursuant to art. 78 of the Regulation, as well as art. 152 of the Code and 10 of the d. lg. 1 September 2011, n. 150, against this provision, opposition may be proposed to the ordinary judicial authority, with an appeal filed, alternatively, at the court of the place where the data controller resides or is based or at that of the place of residence of the interested party within the deadline of thirty days from the date of communication of the provision itself or sixty days if the applicant resides abroad.

Rome, June 16, 2022

PRESIDENT
Stanzione

THE RAPPORTEUR
Stanzione

THE SECRETARY GENERAL
Mattei




  1. Guidelines on the implementation of the Court of Justice of the European Union judgement on “Google Spain and Inc v. Agencia Española de Protección de Datos (AEPD) and Mario Costeja Gonzáles” C-131/12 Adopted on 26 November 2014 https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/index_en.htm
  2. Guidelines 5/2019 on the criteria of the Right to be Forgotten in the search engines cases under the GDPR (part 1) Version 2.0 Adopted on 7 July 2020https://edpb.europa.eu/sites/default/files/files/file1/edpb_guidelines_201905_rtbfsearchengines_afterpublicconsultation_en.pdf
  3. https://www.gazzettaufficiale.it/eli/id/2021/10/04/21G00146/sg