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EU data protection: Google Spain's 'right to be forgotten' versus GDPR Article 17 right to erasure - scope, exceptions and burden of proof

Published on: 29 March 2018

Published by a LexisNexis Information Law expert
Legal News
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Article summary

When does the ‘right to be forgotten’ as established through case law (Google Spain v AEPD (Marion Costeja Gonzalez) arise and what does it aim to achieve?

The so‑called ‘right to be forgotten’, crystallised in Google Spain, Case C‑131/12, [2014] All ER (D) 124 (May), recognises that data subjects may ask search engine operators processing personal data in the context of an EU establishment to remove links to their personal data from indexes and results for particular search queries. Whether such removal must extend to every domain run by a search engine remains disputed.

This entitlement applies where, taking all the circumstances into account, personal data is:

  • inadequate
  • irrelevant or no longer relevant
  • excessive

in relation to the purposes of the processing undertaken by the search engine operator.

In Google Spain, the European Court of Justice concluded that, as a general rule, when individuals seek delisting under Articles 7 and 8 of the Charter of Fundamental Rights of the EU, those fundamental rights outweigh the economic interests of search engines and the interests of the general public in being able to find the information...

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