The right to privacy.

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 2010 Mario Costeja González, a Spanish national, lodged with Spanish Data Protection Agency, the AEPD a complaint against La  Vanguardia Ediciones SL and against Google Spain and Google Inc.  Mr Costeja González contended  that, when an internet user entered his name in the search engine of the Google group (‘Google  Search’), the list of results would display links to two pages of La Vanguardia’s newspaper, of  January and March 1998. Those pages in particular contained an announcement for a real-estate  auction organised following attachment proceedings for the recovery of social security debts owed  by Mr Costeja González.

Mr Costeja González requested:

1.To remove or alter the pages in question, or  to use certain tools made available by search engines in order to protect the data.
2.Google Spain or Google Inc. be required to remove or conceal the personal data relating to him so that the data no longer appeared in the search results and in the links to La Vanguardia.

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 operator also ‘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.

So far as concerns, next, the extent of the responsibility of the operator of the search engine, the Court holds that the operator is, in certain circumstances, obliged to remove links to web pages that are published by third parties and contain information relating to a person from the list of
results displayed following a search made on the basis of that person’s name.

The Court points out that the data subject may address such a request directly to the operator of  the search engine (the controller) which must then duly examine its merits. Where the controller does not grant the request, the data subject may bring the matter before the supervisory authority or the judicial authority so that it carries out the necessary checks and orders the controller to take  specific measures accordingly.



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