The Elena Ferrante Case: Between the Right to Anonymity and Privacy.

“I don't hate lies at all. I find them healthy in life and I resort to them when necessary to shield myself.” 

Thus writes the famous and mysterious Elena Ferrante in her autobiographical work entitled La Frantumaglia, whose identity has apparently been revealed today. 

According to a recent investigation by Il Sole 24 Ore, the author of the best-selling books is Anita Raja, a translator born in Naples and living in Rome, whose mother was a Polish Jew who escaped the Holocaust. The mystery surrounding Elena Ferrante's true identity has thus been solved, fulfilling the (legitimate?) desire of millions of readers who for years have wanted to know the name and the person behind the famous pseudonym.

The first question is whether the investigation violated the right to a pseudonym. Indeed, a pseudonym, like a name, can be used as a tool to conceal one's true identity, and therefore as an expression of the right to privacy. 

According to the Civil Code, a pseudonym is a name other than that assigned by law; however, it can be protected as well as the right to a name, provided it has acquired the importance of the name itself, or serves the same social identification function. If such a requirement exists (think of the pseudonyms of writers, or actors who use stage names that are almost more well-known than their first names), the person using it can seek an injunction against improper use, asking the judge to cease the unlawful use of the pseudonym, without prejudice to compensation for damages.

But this doesn't seem to be the case. In fact, Il Sole 24 Ore's journalistic investigation, rather than appropriating the famous writer's pseudonym, appears to have violated her right to anonymity. 

In the Italian legal system, however, there is no general right to anonymity.  

Could Elena Ferrante, who has always said she doesn't want her true identity known, ever invoke a more general violation of privacy? A right that, as is well known, is increasingly being denied to public figures.

Before the Privacy Act came into force, the source of the so-called right to be left alone was a 1975 ruling by the Court of Cassation, which identified this right as the protection of those strictly personal and family situations and events which, even if occurring outside the home, do not have a socially appreciable interest for third parties against interference which, even if carried out by lawful means, for purposes other than exclusively speculative and without offense to honor, reputation, or decorum, are not justified by overriding public interests. 

Over time, jurisprudence had clarified that those who chose notoriety as the existential dimension of their actions were presumed to be renouncing that part of their right to privacy directly related to their public dimension.

The dividing line between the right to privacy and the right to information from third parties therefore seemed to be the individual's popularity. However, even very popular individuals retain this right, limited to facts that have nothing to do with the reasons for their popularity.

The relationship between the right to report and privacy is highly complex and is governed by a series of rules, which have evolved over time and have attempted to establish a proper compromise between the various interests at stake.

There are rules aimed at protecting citizens' privacy that journalists must comply with while carrying out their work.

Law no. 675 of 1996 on the protection of personal data, later incorporated into the "Personal Data Protection Code" (Legislative Decree no. 196 of 30 June 2003), created a complex system for balancing conflicting rights by providing a variety of legal remedies: criteria for balancing, procedures for achieving it, and jurisdictional instruments.

The current regulatory framework provides for a guarantee mechanism that is structured differently depending on the nature of the data.

We would like to briefly remind you that the use of personal data is possible if three conditions are met:

- the use must occur in the exercise of an activity that can be traced back to freedom of expression;
- personal data must relate to facts of public interest;
- dissemination must occur "within essential limits," meaning it must not exceed the informational intent by including information that is not strictly necessary.

The investigation into Elena Ferrante's true identity has yet to be clearly confirmed or denied. Whether she is truly Anita Raja remains a mystery.