Landmark privacy ruling in Europe on the right to be forgotten
By Patrick Van Eecke, Anthony Cornette and Jim Halpert
In a landmark ruling in May, the European Court of Justice (ECJ) ruled that search engines need to remove the link between search results and a web page if it contains information an individual deems should be ‘forgotten’.
In 1998, a major Spanish newspaper published two short announcements about a real-estate auction that occurred due to a Spanish citizen’s social security debts. In 2009, this person contacted the newspaper, complaining the announcements still appeared in Google searches of his name. Arguing the search results damaged his reputation and the attachment proceedings had been resolved long before, he asked the newspaper to block the pages from being indexed by search engines. The newspaper declined.
In 2010, the citizen contacted Google and filed a complaint with the Spanish data protection authority, the AEPD, which took the view that ‘it has the power to require the withdrawal of data and the prohibition of access to certain data by the operators of search engines when it considers that the locating and dissemination of the data are liable to compromise the fundamental right to data protection and the dignity of persons in the broad sense, and this would also encompass the mere wish of the person concerned that such data not be known to third parties’…
Click on the link below to read the rest of the DLA Piper briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Health Alert — Julia Clare v Australian Community Pharmacy Authority; Dr Reid v Medical Council of NSW; and more
DLA Piper has released the 22 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.