Observations on Judgment No. 36764 of 2024: Processing of Personal Data in the Judicial Sphere

Judgment No. 36764 of April 18, 2024, issued by the Court of Cassation, represents a significant step forward in the protection of personal data within the judicial sphere. In this decision, the judges addressed the issue of redacting identifying data present in judgments, referencing Article 52 of Legislative Decree No. 196 of 2003, known as the Privacy Code. The Court clarified that the request for redaction must be substantiated by "legitimate reasons" and emphasized the importance of balancing individual privacy with the need for judgment publicity.

The Issue of Data Redaction

The Court affirmed that, based on the general rule of full disclosure of the decision, it is incumbent upon the data subject to provide specific reasons to justify the request for redaction. This means that whoever requests redaction must indicate the negative consequences that could arise from the publication of their data, such as:

• Implications on social and relational life;
• Possible discrimination or stigmatization;
• Effects on professional image.

This approach aligns with the principle of proportionality, which underpins much of European and Italian legislation on personal data protection.

Balancing Privacy and Publicity

A crucial aspect highlighted by the judgment concerns the need for a balanced consideration between the privacy needs of the individual and the publicity requirements of the judgment. This balance is essential to ensure that individual rights are respected without compromising the principle of transparency in the judicial system. The Court indicated that it is the applicant's responsibility to demonstrate how the publication of their data could harm their dignity and daily life.

Processing of personal data in the judicial sphere - Request for redaction of data contained in a judgment or other decision - "Legitimate reasons" on which the request must be based – Burden of indicating the reasons by the applicant. In the context of personal data processing, the request for redaction of the particulars and other identifying data of the data subject contained in the judgment or other decision, pursuant to art. 52, Legislative Decree of June 30, 2003, no. 196, must be based on "legitimate reasons," the assessment of which requires a balanced consideration between the individual's privacy needs and the publicity requirements of the judgment. (In its reasoning, the Court specified that, given the general rule of full disclosure of the decision, it is the data subject's burden to outline the specific reasons justifying the redaction of data, indicating the negative consequences that would arise in various aspects of their social and relational life if the request were not granted).

Conclusions

Judgment No. 36764 of 2024 represents an important affirmation of the right to privacy in a judicial context. It highlights the need for thorough analysis and fair balancing between individual rights and the need for judgment publicity. This approach not only protects individual rights but also contributes to a fairer and more transparent judicial system, in line with the principles established by European and national legislation on personal data protection.