Digital freedom cannot be exercised at the expense of truth and human dignity.
SENTENCES
Milan Court, 2023 ruling: Google found guilty of delaying de-indexing, awarding moral damages.
Supreme Court, Order No. 18430 of June 8, 2022: reaffirms the responsibility of search engines, defining the limits of neutrality and the protection of the right to be forgotten.
Court of Justice of the European Union, “Google Spain” case (C-131/12): recognizes that the activity of a search engine constitutes data processing and may violate fundamental rights.
Consolidated Italian case law recognizes the right to sue for de-indexing and liability for failure to intervene promptly.
The current class action injunction aims to speed up de-indexing times by asking the Milan Court to require Google to change its de-indexing procedure, which should be completely different from the current automated and opaque model.
We are not asking for compensation, but for a principle: that an algorithm cannot continue to violate people's rights.
The de-indexing procedure should allow the data subject to attach supporting documents and oblige Google to carry out a concrete and individualised assessment of the case, examining the specific circumstances, balancing the right to reputation with the freedom of information and clearly justifying any rejection.
The response cannot be standardized or automatic, nor can a human interlocutor be missing.
Furthermore, de-indexing must be effective and complete, including the removal of all URLs, equivalent content, versions in other languages, linked images and autocomplete suggestions, avoiding partial solutions that undermine the right to be forgotten.
The class action lawsuit asks the Milan Court to issue an injunction against Google, forcing it to radically change its de-indexing procedure. Specifically, it requests that Google be required to:
1. Adopt a GDPR-compliant procedure
With non-negotiable minimum requirements, including:
• the ability for the user to attach supporting documents to support the request;
• a concrete, individualized and transparent evaluation of the case;
• the prohibition on using standardized or automated responses, requiring instead a specific reason for rejection.
2. Actually remove all URLs
Not just the URL you specify, but all copies, variations, translations, and mirrors, to make the de-indexing process complete and not just formal.
3. Immediately cease unlawful conduct
The Court must declare Google's systematic conduct unlawful and enjoin it with immediate effect.
4. Take all measures to remove the effects of violations
Google must eliminate the consequences of its failures, including organizational and procedural ones.