Legislative Decree No. 150 of 10 October 2022, Implementing Law No. 134 of 27 September 2021, Delegation to the Government for the Efficiency of the Criminal Trial, as well as in the Field of Restorative Justice and Provisions for the Speedy Definition of Judicial Proceedings ('Legislative Decree 150/2022') entered into force on 30 December 2022, after its publication in the Official Gazette on 17 October 2022. In particular, Article 41 of Legislative Decree 150/2022, among other things, introduces Article 64-ter to the Penal Code, on the right to be forgotten of accused persons and of persons under criminal investigation. Specifically, Article 64-ter of the Penal Code now establishes that a
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Italy: Legislative Decree recognising right to be forgotten when acquitted in criminal trial enters into force
January 9, 2023
Summary
Italy's Legislative Decree 150/2022, which entered into force on 30 December 2022, introduces Article 64-ter to the Penal Code, granting the right to be forgotten to individuals acquitted in a criminal trial or where a decision not to prosecute or archive the case has been made. This right allows such individuals to request the de-indexing of their personal data from search engines or prohibit indexing, in accordance with Article 17 of the GDPR.