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'Remove details of Dario Item's disqualification', writes reputation manager

June 05, 2019 by Ealixir;Ines Marti

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DARIO ITEM - REQUEST FOR DESINDEXATION/ELIMINATION

Dear Data Protection Officer of Offshore Alert,

We formulate this request for the right to oblivion in the name and on behalf of Mr. DARIO ITEM, in relation to the information on your website and available at the following URLs: 

  • https://www.offshorealert.com/dario-item-andrea-mezzi-mauro-giacomo-silva-labuan-fsa-enforcement-actions.aspx 

Far from entering into the merits of the reported facts and censoring the right of the information legitimately exercised by you, we specify that the Oblio right requested by Mr. DARIO ITEM should be understood in terms of his right to be forgotten, no longer associated with certain events related to their past and not, given the peculiarity of the online content in question, as a right to the cancellation of the editorial content.

We illustrate below the reasons that contribute to corroborating the request and the methods of technical implementation that will ensure a fair balance between the opposed rights of the parties: 

  • This information refers to a professional phase of Mr. DARIO ITEM and it has no reason to be public domain content;
  • The removal of Mr. DARIO ITEM from the positions mentioned for the Labuan IBFC on the content in question has no reason to be associated with negative facts, money laundering or Offshore Alert;
  • Mr. DARIO ITEM has no relation to Offshore issues what makes this information defamatory;
  • Content that lacks social interest and that lacks the ideal balance of confidentiality.
  • This published information is significantly damaging to Mr. DARIO ITEM on a personal, family and professional level
  • This situation prevents Mr. DARIO ITEM from having a normal use of the internet, because his name is exposed and associated with these events and it becomes a complex reality for his live and for his family. 

This request complies with the combined provisions of Articles 18 and 21 of Regulation EU 2016/679 regarding the rights of the interested party to the limitation and opposition to the processing of personal data and the exercise thereof.

Also, the right of opposition of the interested party prevails over that of the Data Controller "unless it demonstrates the existence of legitimate binding reasons to proceed with the prosecution that prevails over the interests, rights and freedoms of the interested party" (Article 21, paragraph 1 of the EU Regulation 2016/679).

The right to be forgotten, in the sense specified in the present application, has long been recognized by European Union Regulation as "the right not to be exposed indefinitely to additional damages that the repeated publication of a piece of news may cause damage to the reputation, except that, due to the events that have occurred, the previous event returns to current events and revives a new public interest in information".

This regulation (REGULATION EU 2016/679), establishes that any web page that collects, processes, publishes, disseminates, any personal data related to a European citizen (data such as name, money , phones, addresses, private life in general, etc.), whether or not within the EU, should be coupled to this regulation, because the right belongs to the European person regardless of whether the information is published or not on a website of Europe. Being an European citizen, Mr. DARIO ITEM is included in the provisions of the new EU regulation GDPR 2016/679 specifically between articles 18 and 21 regarding the rights of the interested party, the limitation and opposition to the treatment of their personal information.

In the case of Mr. DARIO ITEM, this information questions its confidentiality as a person, lacks public interest, is not relevant to his current personal and professional path and it is defamatory once he is not related to Offshore issues.

Having these facts in consideration, we would like to ask you for the elimination, deindexation of the article or anonymization of the name of Mr. DARIO ITEM from the content.

Understanding the information legitimately published by your page, we would suggest the deindexation as the best fair balance to both parties. Through this process, by inserting the "noindex" meta-tag or the source code into the source code. robot txt, it is preventing the index of the content by the search engines but at the same time the page keeps an online archive of the newspaper, a historical memory of the content, thus balancing the respective rights of the parties concerned equally.

It is possible as well, the anonymization of the general information of Mr. DARIO ITEM, removing his name from the content or reducing it to the initial mere. In this case the content will maintain the online positioning acquired (indexing in search engine results) and furthermore the content will maintain its accessibility for users who perform online searches.

We greatly appreciate your attention and we apologize for any inconvenience we may cause, remaining at your disposal for any further information and / or integration deemed necessary.

Thank you very much

Best regards


Ines Marti
COO Ealixir
Chief Operating Officer

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1 COMMENTS

  • David Marchant
    By David Marchanton Saturday, July 27, 2019 11:01:04 AM

    This letter amount to mumbo jumbo ... a random series of sentences, littered with random references to laws, in the apparent hope that something sticks. Well nothing did. Your client was banned as an officer and director. The public's right to know greatly exceeds his right to privacy. If he wants to remain private, he should stop offering products and services to the public.

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