The protection of reputation in the digital age
An old news item of judicial chronicle, concerning you, continues to emerge from search engines, conditioning your personal and professional life. This situation, often a source of profound distress, is not a perpetual sentence. The Italian legal system, in line with European regulations, recognizes the right to be forgotten: the right of every individual not to have their digital identity permanently linked to past events that no longer have public relevance. Facing this complex path requires expertise and a precise strategy. As a lawyer specializing in compensation for damages in Milan, avv. Marco Bianucci assists his clients in protecting their online reputation.
The regulatory framework of the Right to be Forgotten
The right to be forgotten finds its main foundation in Article 17 of the General Data Protection Regulation (GDPR - Reg. EU 2016/679), known as the 'right to erasure'. This rule establishes that a person has the right to obtain the erasure of their personal data in certain circumstances. In the context of online news, this right must be balanced with another fundamental principle: the right to report and freedom of information. Both national and European case law has clarified that the right to be forgotten prevails when the news has lost its social utility and public interest, mainly due to the time elapsed and the nature of the event described. The goal is not to 'rewrite history', but to prevent a past event, now devoid of current relevance, from causing continuous and disproportionate damage to an individual's reputation.
The strategic approach of the Bianucci Law Firm
The removal of damaging content and the request for fair compensation require a methodical and personalized intervention. The approach of avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, is structured in precise and strategic phases. It begins with an in-depth analysis of the case to assess the existence of legal grounds for action, considering the time elapsed, the content of the news, and its current impact. Subsequently, a formal notice is sent to the publisher of the newspaper and the search engine operator, such as Google, requesting the de-indexing of the content or its removal. If this route does not lead to the desired outcome, the most appropriate legal action is considered, either in civil court to obtain an urgent order and compensation for damages, or through an appeal to the Personal Data Protection Authority. The objective is twofold: to restore the client's reputation and to obtain fair compensation for the prejudice suffered.
Frequently Asked Questions
When is one entitled to the removal of news from Google?
The right to de-index news arises when the information has lost its relevance and public interest. The determining factors are mainly the considerable time elapsed since publication, the nature of the event, and the absence of a current interest from the community in knowing that specific fact. There is no fixed deadline; each case is evaluated individually, balancing the individual's right to privacy with freedom of information.
How long does it take to have an article removed online?
The timelines are variable. If the request is accepted out of court by the publisher or search engine, the result can be achieved in a few weeks. If, however, legal action or an appeal to the Data Protection Authority is necessary, the timelines are extended and can take several months, depending on the complexity of the case and court proceedings.
Is it possible to obtain compensation for damages for old news?
Yes, it is possible to claim compensation for reputational damage, both material and non-material. However, it is necessary to demonstrate the causal link between the online persistence of the news and the concrete prejudice suffered. For example, damage to professional image, loss of job opportunities, or profound disturbance of personal and relational life can be proven, documenting the negative impact the news has had.
What to do if the newspaper publisher refuses to remove the news?
If the publisher or search engine rejects the formal request, the only viable path is legal action. It is possible to go to the civil court with an urgent application to obtain an order for removal and, concurrently, initiate substantive proceedings for compensation for damages. Alternatively, or in parallel, a formal complaint can be filed with the Personal Data Protection Authority, which has the power to issue prescriptive and sanctioning measures.
Contact the Law Firm in Milan for an Assessment of Your Case
If past news is compromising your present and your reputation, it is essential to act with a clear and effective legal strategy. The Bianucci Law Firm, located at Via Alberto da Giussano 26 in Milan, offers an in-depth assessment of your case to define the most appropriate actions for the removal of damaging content and any claim for compensation. Contact avv. Marco Bianucci to discuss your situation and receive legal advice aimed at protecting your image.