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San Marino: Guarantor orders information site to delete data, enforcing right to be forgotten  

The Guarantor for the Protection of Personal Data ('Guarantor') issued, on 6 July 2021, that it had ordered an information site to remove, with immediate effect from the date of this order, URLs/links consisting of information and statements of fact relating to contested crimes of which the data subject was acquitted, enforcing his right to be forgotten in Article 17 of Law No. 171 of 21 December 2018, Protection of Individuals with Regard to the Processing of Personal Data. In particular, the Guarantor, in weighing the data subject's right to be forgotten against the public's interest in the information shared, noted that the data subject's acquittal from the crimes rendered the facts shared fictitious, and together with the lapse of time since the occurrence of those facts, had caused the public interest to fade, rendering the right to be forgotten invocable by the data subject. In this regard, the Guarantor stated that the continued processing of the information had caused a disproportionate impact on the subject's rights which had not been balanced by a public interest.

Additionally, in its order against the information site, the Guarantor had also called for a request to be sent to Google LLC to de-index the relevant content from its search engine.

You can read the decision, only available in Italian, here.

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