Dalla data retention al diritto all’oblio. Dalle paure orwelliane alla recente giurisprudenza della Corte di Giustizia. Quali effetti per il sistema di giustizia penale e quali prospettive de jure condendo?

The recent judgement of the European Court of Justice on the s.c. “Google/Spain case” has recognised the “right to be forgotten”. But the right to privacy, in general, must be balanced with the protection of other fundamental rights (like freedom of expression and information and freedom to conduct a business) and important collective interests (like prevention, investigation, detection and prosecution of criminal offences). The principles laid down by this decision should be read in a broad context, taking into account the judgement of the Court of Justice on the “data retention case”. The aim of this paper is to provide common standards, resulting from these judgements, in order, on the one hand, to define the limits of the right to be forgotten and the right to privacy and, on the other hand, to pursue the general interests of the criminal justice system, respecting fundamental rights by a balance based on those standards.