Please use this identifier to cite or link to this item:
Title: The right to be forgotten: the discrepancy between the European Court of Justice (ECJ) and the Advocate General on the Google Spain case (ECJ¿s judgment of 13 May 2014) in a regulatory reform context
Dret a l'oblit: la discrepància entre el TJUE i l'advocat general en el cas Google Spain (STJUE de 13 de maig de 2014) en un context de reforma normativa
Derecho al olvido: la discrepancia entre el TJUE y el abogado general en el caso Google Spain (STJUE de 13 de mayo de 2014) en un contexto de reforma normativa
Author: Vilasau-Solana, Monica  
Abstract: This article analyses the ECJ's judgment of 13 May 2014 resolving a preliminary question referred by Spain¿s Audiencia Nacional (AN) national court on a case on the right to be forgotten. The facts giving rise to this judgment involve an individual requesting the erasure of the search results listed when his name is entered into the search engine. The Spanish Data Protection Agency accepted the application although the information was not deleted from its source (a newspaper). The ECJ ruled on various questions posed by the AN. Firstly, the court finds that EU regulations are applicable to the extent that the matter involves services aimed at EU citizens. Furthermore, the ECJ, in contrast to the Advocate General, considers that the search engine must be regarded as the data controller to the extent that its activity allows obtaining, through the listing of results, a structured view of information about a person and enables making profiles of data subjects. The ECJ considers that given the seriousness of the interference, the mere economic interests of the search engine (legitimate interest) cannot justify said interference. The Luxembourg court makes a different assessment of the rights to the Advocate General. Regarding the right of erasure (when the processing breaches data protection requirements), it finds in favour of the affected person. Furthermore, it considers that such an affected data subject may also exercise their right to block information they believe harms them before the search engine (as the data controller). Although this may infringe on the public's interest in having access to information, the ECJ considers that, except in the case of public persons who may be subject to a greater amount of personal information being published about them, the interest of the affected subject must prevail. Basically, the right to data protection prevails and the search engine is given a responsibility that must be assessed in cases where this right comes into question should circumstances exist that justify erasing the search results even where the original source remains.
Keywords: right be forgotten
personal data
legitimate interest
right to erasure
right to object
access to information
Document type: info:eu-repo/semantics/article
Issue Date: 2-Jun-2014
Publication license:  
Appears in Collections:2014, n. 18
Articles cientÍfics

Files in This Item:
File Description SizeFormat 
2371-9168-1-PB.pdfspanish version627,86 kBAdobe PDFThumbnail
2371-9169-1-PB.pdfenglish version611,58 kBAdobe PDFThumbnail