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Google can limit Europe's right to be forgotten law

by on10 January 2019

Top EU court advisor says

US Google has had a stroke of luck over its moves to limit Europe's right to be forgotten law.

Google had appealed a 100,000 euro fine imposed by the French data protection authority CNIL in March 2016 for failing to delist information across national borders.

The case was ultimately referred to the European Court of Justice.

Judges of the European Court of Justice typically follow the advice of the advocate general, although they are not bound to do so. They usually rule within two to four months.

 Advocate General Maciej Szpunar said search requests made from outside the EU should not be affected by the so-called “de-referencing” of information at the request of individuals.

“The fundamental right to be forgotten must be balanced against other fundamental rights, such as the right to data protection and the right to privacy, as well as the legitimate public interest in accessing the information sought”, Szpunar said.

Once the right to be forgotten had been established within the EU, a search engine operator should do all it could to remove entries, including using geo-blocking in the event that the IP address of a device connected to the internet is deemed to be within the EU.

In a second dispute between a group of individuals and CNIL, Szpunar said that prohibitions on processing certain types of data should apply to the operators of search engines.

They should accede, as a matter of course, to de-referencing requests, said Szpunar. Where issues of freedom of expression come into conflict with respect for privacy, the search engine should weigh the public interest in its decision, he said.

While this is not undoing all of Google's woes, it certainly helps.


Last modified on 10 January 2019
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