From the document: “In its ruling of 13 May 20141 the EU Court said: a) On the Territoriality of EU rules: Even if the physical server of a company processing data is located outside Europe, EU rules apply to search engine operators if they have a branch or a subsidiary in a Member State which […]
On May 13, 2014, the European Court of Justice (ECJ) in the Google Spain SL, Google Inc. v Agencia Española de Protección de Datos (AEPD) — Case C 131-12, issued a preliminary ruling (i.e. an interpretation decision) on referral of the Spanish Audiencia Nacional (National High Court). The ECJ found that a search engine’s retrieval […]
Europeans have the right to disappear from a search engine’s results under certain conditions. Directive 46/1995 as interpreted by Google Spain judgment (Case C-131/12) and GDPR Article 17. This is the so called “right to be forgotten” or right of erasure (also known as de-referencing or de-listing). The Court of Justice of the European Union […]
On January 10, 2018, Advocate General Maciej Szpunar of the Court of Justice of the European Union (CJEU) issued his opinion in the case of Google v. CNIL (Case C-507/17). In the opinion, the Advocate General stresses that the right to be forgotten must be balanced against other fundamental rights, such as the legitimate public […]
The right to be forgotten has been judicially recognized by the CJEU with the Google Spain judgment (Case C-131/12). According to the judgement, Europeans have the right to disappear from search engine’s results under certain conditions. The National Commission of Information Technologies and Liberties (CNIL), Commission nationale de l’informatique et des libertés, rejected some complaints […]
According to Italia Oggi, in 2016 60% of the received request to be forgotten from search results has been granted. The percentage concerns the request to be removed from search results after the European Court of Justice issued its famous “right-to-be-forgotten” decision in the Costeja case, C-131/12. According to the source, the percentage consider the cases where the Garante […]
On February 16, 2016, Article 29 Working Party (WP29) issued an update on Opinion 8/2010 on applicable law. The update provides explanations concerning the applicable law in light of the Court of Justice of the European Union (CJEU) judgement’s in Google Spain (or Costeja case, C-131/12). The ruling of May 13, 2015 held that EU data subjects have a right […]
In November 2015, Google published a report accounting for European privacy requests for search removals after the European Court of Justice issued its famous “right-to-be-forgotten” decision in the Costeja case, C-131/12, holding that data subjects have a right to obtain the delisting of links appearing in the search results based on their name. According to the document, Google evaluated the […]
On August 18, 2015, the UK Information Commissioner Office (“ICO”) issued an enforcement notice against Google because it contravened the first and the third data protection principles by referencing to an article detailing the delisting of a link that followed a “request to be forgotten”. According to the ICO, Google contravened the third data protection […]
On June 25, 2015, the advocate general of the Court of Justice of the European Union (“ECJ”) filed his opinion in the case 230/14, Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság (“Weltimmo”). According to the Advocate General, in order to determine which EU data protection law applies, authorities shall consider where the companies’ activity […]