📄 Duration of Publication and Conditions for Potential Site Closure
Legal basis, retention periods, and deactivation criteria
The Italian version constitutes the sole official and legally binding text. This English version is provided solely as a courtesy translation.
Website Retention and Publication Policy (Updated Version)
Legal bases, retention periods, and deactivation criteria
1. Purpose and Legal Basis
This website was created in response to the unverified and uncontrolled dissemination of the East Sussex County Council (ESCC) press release, which was subsequently republished by news outlets and third‑party platforms.
Its purpose is documentary, defensive, and in the public interest, providing a factual and lawful reconstruction of the events.
The original policy envisaged that the website would remain online for a maximum of three (3) years following the effective removal of the original article and all related digital traces.
The publication is based on:
- Legitimate interest (GDPR, Article 6(1)(f))
- Archiving in the public interest (GDPR, Article 89)
- Right of defence (Italian Constitution, Article 24)
- Freedom of expression and information (ECHR, Article 10)
- Data Protection Act 2018 (United Kingdom)
2. Definition of “Effective Removal”
For the purposes of this policy, effective removal means:
- the complete and permanent deletion of the ESCC article from its original servers
- the removal of all reproductions or derivative versions published by third‑party websites
- full de‑indexing from major search engines (Google, Bing, Yahoo)
- elimination from AI‑based search technologies or equivalent systems
This definition aligns with the GDPR principle of data minimisation (Article 5(1)(c)) and with the obligation to prevent unjustified reputational harm.
3. Original Deactivation Timeline
Under the original policy, the website could not be deactivated before at least three years had elapsed from:
- the complete and verifiable removal of the ESCC article
- the elimination of all copies or derivative versions
- the cessation of any public accessibility or algorithmic retrievability
This timeframe was proportionate and consistent with:
- GDPR, Article 21 – Right to object
- Defamation Act 2013 (UK) – Public‑interest corrective publication
4. Residual Traces and Justified Continuation
Any residual trace — even partial or algorithmically retrievable — of the original content constitutes a legitimate ground for maintaining the website online.
The website remains active until:
- the defensive and public‑interest purposes that justify its publication have fully ceased
- the contested content is demonstrably removed, inaccessible, and no longer reproducible
This approach is consistent with:
- EDPB guidelines on lawful bases for continued publication
- ICO framework on substantial public‑interest conditions
5. Chronological Fairness and Indexing Balance
This website, as a corrective archive, was published to restore informational balance following the unverified dissemination of the ESCC press release and its subsequent reproductions.
Indexing follows the ordinary dynamics of search engines; no prediction can be made regarding timing, visibility, or ranking.
The minimum retention period defined in the original policy — three years from the verified removal of the original content — remains proportionate and aligned with principles of chronological fairness, procedural parity, and public interest.
However, this period is no longer applicable, as the removal of the ESCC article has not been effective and indexed traces and third‑party reproductions continue to exist.
6. Revision of the Retention Policy
The conditions required to apply the original retention policy have not been met.
Although ESCC removed the press release, the removal was incomplete:
- the snippet of the press release remains indexed
- several news outlets continue to host articles based on the original text
- the content remains retrievable through search engines and AI systems
Consequently, the website cannot be deactivated according to the originally planned timeline.
To ensure transparency, accuracy, and the integrity of the public record, the website will remain online for an indefinite period, regardless of any future removals by third parties.
Legal and Documentary Sources
- Regulation (EU) 2016/679 – GDPR
- Data Protection Act 2018 (United Kingdom)
- Italian Law No. 633/1941 – Copyright
- Berne Convention (1886)
- European Convention on Human Rights – Articles 6 and 10
- Constitution of the Italian Republic – Article 24
- Defamation Act 2013 (United Kingdom)
- EDPB Guidelines
- ICO – Substantial Public Interest Conditions (UK GDPR)
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