Thursday, July 3, 2014

"There is no right ‘to be forgotten’ by internet search engines" (no oblivion ...)

Case C-131/12: Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González – read Opinion of AG Jääskinen

This reference to the European Court of Justice (CJEU) concerned the application of the 1995 Data Protection Directive  to the operation of internet search engines. Apart from demonstrating the many complications thrown up by this convoluted and shortsighted piece of regulation, this case raises the fascinating question of the so-called right to be forgotten, and the issue of whether data subjects can request that some or all search results concerning them are no longer accessible through search engine.

All of these questions are new to the Court.

The referral arose out of a complaint made by the data subject about  announcements published some 15 years ago in the press and on the internet about the forced sale of his property following bankruptcy. 

read full article at UK Humans Right Blog 


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