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EU Court of Justice – Google Must Remove Links Upon Request

Court of Justice of the European Union, News Release No 70/14 Luxembourg, 13 May 2014Judgment 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.”

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