Right to be forgotten and the sanctioning measure of an Italian local authority for not having removed the personal data of an employee from the online praetorian register within 15 days of publication
argument: Legal Area
PAROLE CHIAVE: right to be forgotten
di Avv. Ph.D. Maria Cristina Gaeta, Università degli Studi Suor Orsola Benincasa di Napoli
The Italian Supreme Court, Civil Section II, with the decision of September 3rd, 2020, n.18292, rejects the request of an Italian local administration, sanctioned by the Italian Data Protection Authority for having left online, for more than one year, administrative decisions in which it was indicated personal data of a civil servant and, in particular, the name and surname, the existence of a dispute with the local administration, and other personal data such as the family status of the person concerned, the fact that she lived alone and that she had asked for an instalment plan of the amount due.
In compliance with the well-known right to be forgotten, the Italian local administration should have proceeded with the archiving of personal data by having them removed from the online praetorian register within 15 days from the date of publication, pursuant to Article 124 of the Consolidated Law on Local Authorities.
Source: Il Sole 24 Ore.