The Corte Supreme di Cassazione (The Italian court of last instance) made available on line the judgments of the last five years.
The Italian Data Protection Authority (DPA) suggests that this publication – which includes also the name of parties and third parties involved in the litigation- could violate the privacy of these parties and third parties. The DPA refers in particular to the European Court of Justice’s “Right to be Forgotten” decision, highlighting the indexing and falsification risks with Google-Spain case (case C-131/12).
In order to find the right balance between the public’s right to access to case law and the right to privacy of the affected parties, the Authority proposed to erase the data allowing for identification while still permitting access.
The open letter sent by the Italian Data Protection Authority can be found here (in Italian).
For information: Francesca Giannoni-Crystal
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