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Il diritto all'oblio nell'era dell'informazione digitale

Abstract

The right to be forgotten in the “digital” information era The right to be forgotten, not expressively provided for neither at statutory level nor at constitutional level, has been described by the jurisprudence as a particular declension of the personal identity protection that consists in the autonomous right that the person himself be represented in a way to reflect the actual social and personal dimension or in the right to avoid being publically represented in a way not corresponding anymore to the past. The absence of a proper legal discipline and the legislative vacuum in the field, have rendered the question object of different jurisprudential tendencies followed by the Supreme Court of Italy, the European Court of Human Rights and the European Court of Justice. The issues connected to the right to be forgotten have been originated in the moment where the biggest daily newspapers started to digitalize their historic paper archives and convert them into on-line archives with the consequence that, old articles, in the past accessible by interested persons only in left behind archives, nowadays are completely at disposition of everyone and easily consultable in every moment. In the recent years have been notably increased cases of demands for removal or updating of articles through a direct intervention by the mean of the search engine providers in order to guarantee the respect of what is generally called a right to digital identity; nevertheless, on the issue there is not still any identity of opinions by the mean of national and international jurisprudence.