When processing personal data, the protection due to the data subject, which is closely related to the rights to privacy and personal identity and designed to guarantee the personal dignity of the individual within the meaning of Art. 3, para. 1, and Art. 2 of the Constitution, and which is expressed as the “right to be forgotten”, allows, in accordance with EU law, the Italian authorities, i.e. the Data Protection Authority and the Court, to order a search engine operator to carry out de-indexation on all versions, including non-European versions, of their engine; such de-indexation is subject to the balancing of a data subject’s right to protection of his or her privacy and protection of his or her personal data against the right to freedom of information, with such balancing exercise to be carried out in accordance with the protection standards of the Italian legal system.
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Translated from the Italian by Gwyneth Little. The headnote is the official wording of the Court.
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The Charter of Fundamental Rights of the European Union, Arts. 1, 7, 8; Italian Constitution, Arts. 2, 3, 8, 21; Legislative Decree No. 163/2006, Arts. 2(1), 7(3)(b), 8, 11(e), 150(2), 154; Italian Civil Code, Arts. 6, 7, 10. “Global Delisting”. IIC 54, 764–772 (2023). https://doi.org/10.1007/s40319-023-01336-5
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DOI: https://doi.org/10.1007/s40319-023-01336-5