Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez: ECJ 13 May 2014

Internet Search Engine – Name Removal

ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines – Processing of data contained on websites – Searching for, indexing and storage of such data – Responsibility of the operator of the search engine – Establishment on the territory of a Member State – Extent of that operator’s obligations and of the data subject’s rights – Charter of Fundamental Rights of the European Union – Articles 7 and 8
‘Article 2 (b) and (d) of Directive 95/46 are to be interpreted as meaning that, first, the activity of a search engine consisting in finding information published or placed on the internet by third parties, indexing it automatically, storing it temporarily and, finally, making it available to internet users according to a particular order of preference must be classified as ‘processing of personal data’ within the meaning of Article 2(b) when that information contains personal data and, second, the operator of the search engine must be regarded as the ‘controller’, in respect of that processing, within the meaning of Article 2(d)’.

V Skouris, P
[2014] EUECJ C-131/12, C-131/12, 36 BHRC 589, [2014] EMLR 27, ECLI:EU:C:2014:317, [2014] All ER (EC) 717, [2014] 3 WLR 659, [2014] ECDR 16, [2014] 2 All ER (Comm) 301, [2014] WLR(D) 202, [2014] 1 QB 1022, ECLI:EU:C:2014:317, [2014] 3 CMLR 50
Bailii, WLRD
Directive 95/46/EC, Charter of Fundamental Rights of the European Union 7 8
OpinionGoogle Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez ECJ 25-Jun-2013
Right to be forgotten by Search Engine
ECJ Opinion – World Wide Web – Personal data – Internet search engine – Data Protection Directive 95/46 – Interpretation of Articles 2(b) and 2(d), 4(1)(a) and 4(1)(c), 12(b) and 14(a) – Territorial scope of . .
CitedOsterreichischer Rundfunk and Others ECJ 20-May-2003
ECJ Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Protection of private life – Disclosure of data on the income of employees of bodies subject to control by the . .
CitedCriminal proceedings against Lindqvist ECJ 6-Nov-2003
Mrs Lindqvist had set up an internet site for her local parish containing information about some of her colleagues in the parish. She gave names, jobs, hobbies and in one case some of the person’s employment and medical details. The Court decided . .
CitedTietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws) ECJ 16-Dec-2008
ECJ Directive 95/46/EC Scope – Processing and flow of tax data of a personal nature – Protection of natural persons – Freedom of expression . .
CitedCollege van burgemeester en wethouders van Rotterdam v MEE Rijkeboer ECJ 22-Dec-2008
ECJ Opinion – Data Protection Directive 95/46/EC Fundamental Rights – Right of access to personal data to any third party Suppression Communications – Exercise Period of the access principle of proportionality . .
CitedL’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited ECJ 12-Jul-2011
ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – . .
CitedAsociacion Nacional De Establecimientos Financieros De Credito v Administracion Del Estado ECJ 24-Nov-2011
ECJ (Approximation Of Laws – Processing Personal Data) Processing of personal data – Directive 95/46/EC – Article 7(f) – Direct effect . .
CitedInstitut Professionnel Des Agents Immobiliers v Geoffrey Englebert ECJ 7-Nov-2013
ECJ Processing of personal data – Directive 95/46/EC – Articles 10 and 11 – Obligation to inform – Article 13(1)(d) and (g) – Exceptions – Scope of exceptions – Private detectives acting for the supervisory body . .

Cited by:
CitedMosley v Google Inc and Another QBD 15-Jan-2015
The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to . .
CitedNT1 v Google Llc QBD 18-Jan-2018
An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. . .
CitedNT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .

Lists of cited by and citing cases may be incomplete.

European, Information, Human Rights, Media

Leading Case

Updated: 09 November 2021; Ref: scu.526114