The end of a marriage is a complex event that, in certain cases, transcends the private sphere to appear in the news or on web portals, especially when it involves well-known professionals or public figures. As a divorce lawyer in Milan, Avv. Marco Bianucci deeply understands how the online persistence of news, procedural details, or marital acrimony can damage the reputation and future life of the parties involved far beyond the conclusion of the judicial process. The right to be forgotten represents the fundamental legal tool to reclaim one's digital image, ensuring that the past does not unfairly prejudice the present and future, both professionally and personally.

The Legal Framework of the Right to be Forgotten in Italy

The right to be forgotten is defined as an individual's right not to have news concerning them, which no longer holds any social utility or current public interest, republished after a certain time. In Italy, this protection is based on Article 17 of EU Regulation 2016/679 (GDPR) and consolidated case law from the Court of Cassation and the Court of Justice of the European Union. It is not about indiscriminately erasing history, but rather a necessary balance between the right to report news, which has a temporal validity linked to the timeliness of the event, and the right to privacy and personal identity. When news related to a separation or divorce becomes obsolete, inaccurate, or excessive compared to the purposes for which it was processed, the interested party has the right to request its removal or, more frequently, its de-indexing from search engines, so that it no longer appears among the results associated with their name.

The Bianucci Law Firm's Approach to Reputation Protection

Avv. Marco Bianucci, an experienced family law lawyer in Milan, addresses issues related to online reputation with an integrated strategy that combines matrimonial expertise with data protection. The Bianucci Law Firm's approach always begins with an accurate mapping of the client's digital presence, identifying harmful, defamatory, or simply obsolete content that requires intervention. We do not limit ourselves to sending standardized cease and desist letters; each action is tailored to the specificity of the content and the nature of the entity hosting it, whether it be a newspaper, a blog, or a search engine like Google.

The operational strategy involves a preliminary analysis of the existence of legal grounds to invoke the right to be forgotten, evaluating the time factor, residual public interest, and the harm suffered. As a divorce lawyer attentive to modern dynamics, Avv. Marco Bianucci assists the client in drafting reasoned requests for the de-indexing of links or the correction of articles, interacting directly with the Data Protection Officers of platforms or the managing editors of publications. Should the out-of-court route not yield the desired results, the firm is prepared to protect the client's rights by filing an appeal with the Personal Data Protection Authority or the competent judicial authority, always with the goal of restoring the client's peace of mind and integrity of image.

Frequently Asked Questions

Is it possible to delete any news about my divorce from the internet?

It is not possible to guarantee the absolute deletion of every trace, as the right to historical reporting may prevail in certain archives. However, the right to be forgotten allows for de-indexing from search engines, making news unsearchable by typing your name. An expert lawyer will assess whether the requirements of obsolescence and lack of current public interest necessary to proceed with the request are met.

How long does it take to be able to request the right to be forgotten?

There is no fixed deadline established by law, as each case must be evaluated individually based on the severity of the facts and the notoriety of the subjects. However, case law tends to consider a reasonable period of time to have passed when the news is no longer current and its republication does not serve current informational needs. A competent divorce lawyer can analyze the chronology of events to determine the opportune moment to act.

What happens if the online newspaper refuses to remove the article?

In case of refusal or lack of response from the publisher or search engine operator, more decisive actions can be taken. The regulations provide for the possibility of filing a formal complaint with the Personal Data Protection Authority or resorting to the ordinary judicial authority. Legal assistance is crucial at this stage to correctly argue the harm suffered and the right to privacy.

Does the right to be forgotten also apply to public figures?

For public figures or those holding institutional roles, the right to be forgotten is subject to stricter limitations due to the paramount public interest in knowing about their affairs. However, even in these cases, the right to report news is not unlimited; the publication of strictly private details that add no value to the news or media harassment over concluded matters can be legally challenged to protect the private family sphere.

Request an Assessment of Your Digital Reputation

If your private life has become trapped on the web as a result of past legal proceedings, it is essential to act competently to protect your image. Avv. Marco Bianucci, a divorce lawyer in Milan, is available to analyze your specific case and define the best course of action to exercise your right to be forgotten. At the office located at Via Alberto da Giussano 26, you can present your situation with the guarantee of utmost confidentiality and professionalism.