What is the right to be forgotten, in simple terms?
It is the right not to stay tied forever to a news story that no longer reflects who you are today. The Italian Supreme Court describes it as the right ‘not to remain exposed, without time limits, to a representation of one’s person that is no longer current’ (judgment 9147/2020). It is set out in Article 17 of the EU General Data Protection Regulation (GDPR) and, in San Marino, in Law 171/2018. In 2014 the Court of Justice of the European Union made clear that it also applies to search engines. It does not erase the past, because it is balanced against the right to report the news. In practice it almost always means three requests. The newspaper is asked to update the story, the search engines are asked to stop showing it when someone searches the name, and the sites that copied it are asked to take it down.
The case was dismissed, or ended in an acquittal. Can the story be removed from Google?
You can ask, and on good grounds. Since 30 December 2022 there has been a specific rule, introduced by the Cartabia reform. It is Article 64-ter of the implementing provisions of the Italian Code of Criminal Procedure. It applies to anyone whose case ended with a dismissal, a judgment of no case to proceed or a judgment of discharge, which includes an acquittal. In these cases you can ask the court registry, meaning the office of the judge who issued the decision, for an annotation. The annotation turns the decision into a formal basis, a document on which to ground a specific request to search engines. The request is that content about the proceedings, articles included, no longer appears in searches made on your name. It is not automatic. The search engine can still assess the case, as the Garante and the Italian Supreme Court have made clear (order 34217/2025). However, in a 2022 case the Garante treated a dismissal as valid grounds for delisting ‘regardless of the passage of time’, in other words however much time had passed (decision 227/2022). Alongside this, the newspaper is asked to update the article with the outcome.
Can a newspaper article be deleted?
Usually not, if the story was true when it was published. The newspaper can keep it in its archive, because the law protects freedom of information and archives kept in the public interest (GDPR, Article 17(3)). But you can obtain two important things. The first is a short note, at the end of the article or alongside it, saying how the proceedings ended. You obtain it with a documented request. The second is that the article can no longer be found through search engines, only within the newspaper’s own archive. According to the Italian Supreme Court, these are precisely the conditions under which the article may stay online (order 2893/2023). Sometimes the news outlet chooses to remove the name or the article. It happens, but it is not a right. For false or defamatory stories the picture changes, and a lawyer deals with them.
How do you ask Google to remove a story from searches on your own name?
You use Google’s form for requests under European privacy law. Microsoft has a similar form for Bing. You list the links one by one, explain why the information is no longer relevant and attach the documents, for example the decision that closed the case. Google examines each request and reports the outcome by email, with a short explanation if it says no. If the request is granted, the link no longer appears when someone searches your full name in the European versions of the search engine. The page stays online and can still be found with other search terms. In Italy, Google has removed 45.6% of the links it assessed, which is why it pays to prepare the request well.
How many years must pass before you can invoke the right to be forgotten, and when does it not apply?
The law sets no number of years. What counts is the overall picture. That means how the proceedings ended, how much time has passed since publication (Italian Supreme Court, judgment 14488/2025), how serious the facts are, the person’s public role and whether there is still a public interest. In one dismissal case the Garante ordered delisting ‘regardless of the passage of time’ (decision 227/2022). In another case, with very recent articles already updated with the outcome, it said no (decision 430/2023). On the other hand, it is hard to obtain for recent stories, for people whose public or professional role is linked to the events, for serious facts and when the article has already been updated with the favourable outcome.
How long does it take?
It depends on who has to reply, and no one can promise firm timeframes. The newspaper, Google, Bing and other sites must reply within one month of the request, and can extend that by two more months if they explain why (GDPR, Article 12). If a complaint to the Garante is needed, the law gives it nine months, or twelve if further investigation is needed. The time limit is suspended if the case goes through another European authority, for example when the organisation processing the data has its main establishment in another EU country. In the decisions we have read, it took between seven and twelve months. In San Marino the Data Protection Authority decides within 90 days, which can be extended by two months at most. The law sets no time limit for the annotation at the court registry.
Will the story also disappear from ChatGPT and other AI assistants?
Not by itself, and no one can guarantee it. AI assistants repeat what they find. If the article stays online and linked to the name, it can come back in answers that cite the web. That is why the work starts with the sources, meaning the newspaper, the search engines and the copies. Then, if an assistant gives inaccurate information about a person, you can ask whoever runs it to correct or remove it. For ChatGPT, the request goes to OpenAI through its privacy portal. For Gemini, it goes to Google from the answer itself, using ‘Report legal issue’. OpenAI says it assesses these requests in light of applicable law and the technical capabilities of its models. It is a route worth taking, not a certainty.
Can asking for an update draw fresh attention to the matter?
It can happen, and it is a risk to take seriously. In one case examined by the Garante, the dispute itself had produced new articles and renewed media attention (decision 430/2023). That is why we write in a professional tone, without threats, and first of all ask for the update with the outcome, which the journalists’ code of ethics already provides for. The order of the requests is decided case by case, together with you.
Does it also apply to a business owner, an executive or a company?
For individuals, yes. Everyone exercises the right to be forgotten for their own name, including people who run a company. For those with a role in economic or public life, however, it is harder to obtain. If the story concerns the role you still hold today, or recent events, search engines and the Garante tend to leave it in place. The outcome matters a great deal. A dismissal or an acquittal weighs in your favour. For the company’s name, you ask the newsroom, with documents, to complete the story with the outcome. You can also prepare a clear note to give to banks, partners and clients before the question comes up.
Who should you turn to? Do you need a lawyer? And how much does it cost?
For requests to the newspaper, the search engines and websites, no. You can make them yourself, or someone can act for you with written authorisation, and by law there is no fee for them (GDPR, Article 12). The annotation under Article 64-ter is requested from the court registry by the person concerned. If you still have a lawyer who knows the proceedings, they are the right person to prepare it with. You or a lawyer holding a power of attorney sign the complaint to the Garante. In court you always need a lawyer. We are not a law firm, and for the legal side we work with your lawyer. Our work is everything else. We find every copy, choose the right tool for each place, write requests that hold up and follow them through until there is an answer. There is no public price list, because every case is different. The first conversation carries no commitment. Once we have read the case, we tell you what can realistically be achieved. If it makes sense to go ahead, you receive a written proposal before any work starts, with the requests to be made, the phases and the cost.