Privacy or Transparency? A New Balancing of Interests for the ‘Right to Be Forgotten’ of Personal Data Published in Public Registers

Italian Law Journal 3(2)

22 Pages Posted: 26 Jun 2018

See all articles by Oreste Pollicino

Oreste Pollicino

Bocconi University - Department of Law

Giovanni De Gregorio

University of Milano Bicocca - Constitutional Law, Students

Date Written: December 2017

Abstract

The European Court of Justice, in a decision dated 9 March 2017, dealt with the right of individuals to request of the authority responsible for maintaining the companies register the elimination (‘right to be forgotten’) of personal data concerning them entered in that register. According to the ECJ decision, as EU law currently stands, the right to be forgotten relating to information published in companies registers is to be determined by Member States on the basis of a case-by-case assessment. If compelling legitimate grounds relating to the requester’s particular situation exceptionally justify it, such authority may, upon the expiration of a sufficiently long period after the dissolution of the company concerned, limit access to such personal data entered in that register only to third parties who can demonstrate a specific interest in obtaining that data.

Keywords: Right to be Forgotten; Privacy; European Law

Suggested Citation

Pollicino, Oreste and De Gregorio, Giovanni, Privacy or Transparency? A New Balancing of Interests for the ‘Right to Be Forgotten’ of Personal Data Published in Public Registers (December 2017). Italian Law Journal 3(2). Available at SSRN: https://ssrn.com/abstract=3194726

Oreste Pollicino (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, 20136
Italy

Giovanni De Gregorio

University of Milano Bicocca - Constitutional Law, Students ( email )

Italy

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