Google must change its procedures for requesting de-indexing and provide reasons for any refusal by November 15th : the Milan Court has ruled this by upholding the class action injunction filed by some members of the Algopolio association against Google LLC, Google Ireland Limited, and Google Italy Srl. The appellants' statement states that the Court's decision, which concerns the application of Articles 17 and 21 of the EU General Data Protection Regulation, is "pioneering in ensuring and guaranteeing user protection," given that the right to be forgotten is recognized by EU law.
"Our fight has always been, first and foremost, a fight for the effectiveness of fundamental rights," Vincenzo Morabito, president of Algopolio and the first appellant , emphasized in a statement. "A right truly exists only if a person is able to exercise it. The key is to address a mechanism that concretely impacts people's lives and their ability to defend their reputation and dignity. The Court's decision affects precisely that mechanism: anyone who turns to Google must be able to fully represent their case, produce the necessary documentation, and understand the reasons for any denial ."
The appellants were represented by lawyers Barbara Randazzo and Ruggero Rudoni (Oralex Law Firm) and Silvia Cossu and Francesco Dagnino (Lexia Law Firm). "On a substantive level," Randazzo explained, "the Court reinterprets European legislation in light of the case law of the Court of Justice of the European Union, requiring individualized, non-automated procedures to protect the right to be forgotten ." "Even establishing Italian jurisdiction for a dispute of this type," Cossu added, "constitutes a strengthening of user protection."
"We disagree with the Milan Court's decision and will appeal," a Google spokesperson commented. " We have invested significantly in dedicated teams who meticulously review each case to fulfill our legal obligations and balance individual privacy with the public's right to information. Our review process is rigorous, compliant, and fair. We will vigorously defend our actions in the appropriate courts ."
(Unioneonline)
