During this summer the Italian Privacy Autority had posted in Newsletter n. 431 of 8.8.2017 a summary of a Provision n. 277 del 15.6.2017 that was based on the fact of how, under the right to be forgotten, time is not the only factor to be taken into account for the existence of same.
From the text of the Italian Autority emerges, in a nutshell, that: “… time is without doubt the most important element to assess the acceptance of a request to be forgotten but in the present case must be assessed also the parameter of the role of the subject applicant within public life.”
Therefore, by matching these two items the Itallian Autority comes to the pronunciation of this case-to which reference is made – then say afterward perfectly in line with the international jurisprudence, among the others Google Spain with the national Jurisprudence e.g. Tribunale, Roma, sez. I, sentenza 03/12/2015 n° 23771 and with guide linees WP 29.
But is very important that the measure is compliant with the EU Regulation 2016/679 cf. Article 17 which will be implemented only from may 2018!
Then, by such measures, you see how WP, law, the Privacy Authority, case-law and EU Regulation are moving in the same direction … a not so obvious way!
Laura Marretta