Digital freedom cannot be exercised at the expense of truth and human dignity.
Procedure
deindexing
Correct deindexing process
The procedure required by the class action must be:
✔ open to uploading attachments
✔ managed by real people
✔ transparent and motivated
✔ complete in removing content
In a word: effective.
The class action demonstrates that, without these requirements, the right to be forgotten risks being undermined and rendered ineffective.
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 Google procedure today works like this:
• Rigid form with no possibility of attaching evidence.
• No human interlocutor.
• No cross-examination.
• Automatic and impersonal responses.
• Total absence of concrete evaluation.
• Incomplete deindexing, when it occurs.
How Google's de-indexing process works today
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1. Completing a pre-filled and rigid online form
The user must use a standard form on the Google site where he can:
• enter personal data,
• indicate the URLs to be removed,
• write a short motivation,
• attach only one identity document.
It is not possible to upload supporting documents, articles, rulings, decisions, certifications, or any other support useful for evaluating the request.
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2. No interaction, no contradiction, no human contact
The form does not offer any possibility of dialogue:
• there is no human referent,
• no response time is indicated,
• it is not permitted to send further clarifications or additions,
• the user cannot reply or better justify his position.
It is a totally unilateral and closed procedure.
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3. Automatic, standardized and identical responses for everyone
Google always responds with email:
• automated,
• identical in text (same wording for different cases),
• without the name of the applicant,
• signed generically by “Team Google”.
There is no reference to the specific case or to the contents cited by the user.
The answer is always the same copy and paste, even when the facts, contents, URLs or motivations change.
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4. No individualized assessment
The responses show that Google does not evaluate the merits of requests:
• does not verify the veracity of the disputed content;
• does not balance the right to be forgotten and freedom of information;
• does not examine the untimeliness of the news;
• does not take into account judicial or Guarantor provisions.
The rejections do not indicate any specific reason, but only generic phrases without any real content.
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5. No complete removal of URLs
Even when Google removes a URL, it doesn't remove:
• copies of the article;
• the English versions;
• mirror pages;
• internal links;
• the images;
• search suggestions (“autocomplete”).
The effectiveness of de-indexing is therefore partial or null.