The digital currency designed by the italian entrepreneur Daniele Marinelli successfully overcomes a long battle against the “haters” who had denigrated it on Google and Facebook. In the following article, we examine the provision of the Authority for the Protection of Personal Data, which is particularly interesting from the standpoint of the fight against “fake news” and “hate speeching” activities.
Once again, the right to deletpersonal data has been fully acknowledged by the Guarantor for the protection of personal data, called to decide on the legitimacy of the processing of personal data operated by the Google search engine against a private citizen, who for years has had to suffer the devastating effects of the media pillory created specifically to muddy its reputation and, above all, its professional activity. With a very recent provision (n. Prot. 5146/2019 of 13.02.2019) the Privacy Guarantor shared the arguments of a non-certified entrepreneur, whose personal image on the web had been seriously damaged by the presence on the web of negative, false comments. defamatory, made public on various websites (including Facebook other minor sites specialized in finance and savings) by anonymous commentators who, without any element that could validly support their own reasons, had deliberately damaged the personal – but above all – professional image of the complainant.
Let’s talk about Daniele Marinelli, an esteemed entrepreneur who some years ago decided to launch DT COIN, an innovative and winning virtual currency: within a very short time the success of this cryptocurrency, based on the concept of “big data”, meant that, in order to better manage the continuous diffusion of DT COIN on the market, Daniele Marinelli equipped itself with a highly revolutionary spendability system at internet browsing environments.
The growing popularity of the project (such as its spread beyond national borders) immediately aroused the envy of many, who spread rumors and calumnies without control over the reliability of society and, above all, of its founder: to give an example, in some of the defamatory contents (which, thanks to the provision of the Privacy Guarantor, Google was forced to remove) the entrepreneur was described as a scammer or, recalling the certainly more colorful terms used by anonymous authors such as “scammer”. As already mentioned, these contents were even made public on Facebook, certainly one of the most famous social media channels used. On a page published on the popular social network, for example, the articles on the founder of DT COIN reported false, defamatory and seriously defamatory news on the person of Marinelli, also affecting his credibility as an entrepreneur, as they denounced the alleged – and never proved – unreliability of DT COIN as a virtual currency; to this it is added that these articles were not limited to tarnish the name of Marinelli, but also reported an image that portrayed him in the face, without any consent or his prior authorization.
Without prejudice to the fact that most of this content was offensive and intentionally abusive, due to the continued existence of this information, the founder of DT COIN suffered a very serious denigration campaign, directed solely at smearing its professionalism and human dignity. In this regard, in the complaint submitted pursuant to art. 77 G.D.P.R. (acronym of General Data Protection Regulation) the interested party, represented and defended by the Lawyer Domenico Bianculli, of the Rome Bar, Legal Area Manager at Cyber Lex Srls, had attached a copy of the certificate of the criminal record, from which it appeared as the same had never undergone any criminal and / or civil procedure.
Before contacting the Privacy Guarantor, he had tried in vain to defend his right to digital image and reputation (rights related to the protection of personal data and protected by the GDPR) advancing against Google a formal request for de-indexing URLs containing this false information , injurious and seriously inaccurate. Despite the goodness of its reasons, the famous search engine has deemed it necessary to reject the request of the interested party by virtue of an alleged “relevance to his professional life” of insults such as “peracottaro” or “fuffaro”, thus effectively endorsing the unlawfulness of the behavior of web slanders who had targeted (spontaneously or against consideration of some competitor) the unsuspecting entrepreneur.
At the end of the preliminary investigation, having read the documentation enclosed by the lawyer Bianculli in support of the reasons of the interested party and the arguments of Google’s lawyers, with provision of last February the Guarantor for the protection of personal data has accepted the complaint because founded, ordering contextually to Google “to remove, within twenty days of receipt of this provision, the URLs indicated in the introductory act as search results available in association with the name of the interested party “.
Among the reasons supporting his decision, the Privacy Guarantor has in fact denied the arguments put forward by Google’s prosecutors (who since February moved the headquarters of its Data Controller to Ireland) recognizing, by virtue of the absence of judicial precedents in the complainant’s record, the existence of “a prejudice of the claimant’s rights …that cannot be considered balanced by an interest of the public to the knowledge of (negative) information … taking into account that the partiality of those available through the indicated URLs does not allow to provide the same public with the necessary elements to be able to perform a correct e, therefore, a true reconstruction of the story “.
The right of the community to be informed of the facts that have some public relevance cannot in fact constitute a subterfuge for Google whenever it receives one (actually thousands per day) request for de-indexing negative URLs related to the name and surname of an interested party.
Think of the story that struck dr. Marinelli: despite the success of DT COIN it grows visibly every day, the presence of just a few URLs on the web (in particular n. 3 URL) represented a strong brake on the growth of this new virtual currency, only because few – and anonymous – people had decided to offend a successful entrepreneur on the web free of charge.
Like any innovative project, the success of DT COIN will naturally be decreed by the trust placed in it. And it is precisely on this that the company (and Daniele Marinelli in person) works daily, to create a universe of goods and services useful for spending, using and exchanging DT COIN, in Italy and in the world.