Court of Justice of the European Union, News Release No 70/14 Luxembourg, 13 May 2014. Judgment in Case C-131/12 Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González.
“An internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties Thus, if, following a search made on the basis of a person’s name, the list of results displays a link to a web page which contains information on the person in question, that data subject may approach the operator directly and, where the operator does not grant his request, bring the matter before the competent authorities in order to obtain, under certain conditions, the removal of that link from the list of results. An EU directive has the objective of protecting the fundamental rights and freedoms of natural persons (in particular the right to privacy) when personal data are processed, while removing obstacles to the free flow of such data…In today’s judgment, the Court of Justice finds, first of all, that by searching automatically, constantly and systematically for information published on the internet, the operator of a search engine ‘collects’ data within the meaning of the directive. The Court considers, furthermore, that the operator, within the framework of its indexing programmes, ‘retrieves’, ‘records’ and ‘organises’ the data in question, which it then ‘stores’ on its servers and, as the case may be, ‘discloses’ and ‘makes available’ to its users in the form of lists of results. Those operations, which are referred to expressly and unconditionally in the directive, must be classified as ‘processing’, regardless of the fact that the operator of the search engine carries them out without distinction in respect of information other than the personal data. The Court also points out that the operations referred to by the directive must be classified as processing even where they exclusively concern material that has already been published as it stands in the media. A general derogation from the application of the directive in such a case would have the consequence of largely depriving the directive of its effect.”
- See also EU Court Tells Google That People Have ‘The Right To Be Forgotten’ [All Things Considered]
- ICO overview of key points of the Court of Justice of European Union judgment regarding Google and the removal of search results
- Right to Be Forgotten on the Web? Not That Easy
- via SearchEngineLand – “You’ll find the new form here. It requires people to select one of the 28 European Union countries plus provides support for four non-EU countries: Iceland, Liechtenstein, Norway and Switzerland. I’m checking with Google on why the other four were added; likely there’s some legal reasoning because these countries are often closely aligned in trade and other agreements with the EU. The form allows an individual or someone representing an individual to put in a request. The form requires submission of a photo ID of the individual the request is for. So even if a third-party is doing the submission for someone else, they need that person’s photo ID as a way to prove they have some type of approval by them.”
- Google gets 12000 removal requests on first day after EU privacy ruling