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The right to be forgotten has recently taken on numerous definitions and meanings. It can be understood as the right of an individual to be forgotten, or better, not to be remembered for facts that in the past were the subject of news. Its assumption is that the public interest in the knowledge of a fact is enclosed in a time frame necessary to inform the community, and that with the passage of time, fades until it disappears. This right has found its full legal regulation in the community with the new European Regulation on personal data protection 2016/679.

In the text of the Regulation the right to be forgotten is implemented by the art. 17 where it is established that the person concerned has the right to obtain from the data controller the deletion of personal data concerning him without undue delay and the data controller is obliged to cancel the personal data without undue delay if there is one of the data following reasons:

  1. the data are no longer necessary with respect to the purposes for which they were collected or otherwise processed;

  2. the interested party withdraws the consent on which the treatment is based and there is no other legitimate reason for processing the data;

  3. the interested party opposes the processing of personal data and there is no legitimate overriding reason to proceed with processing;

  4. the data were unlawfully processed;

  5. the data must be deleted to fulfill a legal obligation under Union or Member State law to which the controller is subject;

  6. data were collected with regard to the provision of information society services.

Furthermore the art. 17 clarifies that the data controller, if he has made personal data public and is obliged to delete them, taking into account the available technology and the costs of implementation, takes reasonable steps, including technical ones, to inform the data processors who are processing the data of the request by the party to delete any link, copy or reproduction of his personal data.

Therefore, the right to be forgotten falls within the framework of the rights of the personality as a particular form of guarantee inherent in the right to privacy and is distinguished from the right to personal identity that can be defined as the interest of every person not to see misrepresented or altered outside one's intellectual, political, social, religious, professional heritage, due to the attribution of ideas, opinions, or behaviors that are different from those that the individual considers to be his own and has manifested in the life of relationships.

e-lawyers with its team of specialists, provides customers with solutions for the management of personal data on the Internet and related information, preparing technical-legal solutions to delete news from the network or remove inappropriate content from the web, such as photos, profile information and news.

 

e-lawyers services:

  • Preparation of removal requests to the administrator of the website;

  • Preparation of appropriate de-indexing techniques from search engines, social networks, blogs, etc .;

  • Activation of removal procedures foreseen in search engines (google, bing, yahoo etc.);

  • Administrative proceedings before the Guarantor;

  • Emergency procedures pursuant to art. 700 c.p.c. before the competent Court;

  • Analysis of compensation procedures for pecuniary and non-pecuniary damage concerning the violation of personal data

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