European Commission And EU Art 29 Dispel The Myths On The ECJ's Decision In Google Spain

Author:Ms Cynthia O'Donoghue
Profession:Reed Smith

In May 2014, we reported on the implications of the landmark decision in Google Spain which recognises the right for individuals to have links about themselves de-listed from search results. In response to the complaints received, the Article 29 Working Party (Art 29 WP) published a report on work being carried out to handle complaints, and the European Commission (Commission) published a report dispelling myths on the "rights and wrongs of the so-called right to be forgotten".

Following the CJEU's ruling, Data Protection Authorities (DPAs) have received numerous complaints about search engines' refusals to de-list results. In response, the Art 29 WP produced a common 'tool box' to produce a coordinated approach to handling complaints by putting together a network of dedicated persons to handle complaints, with the aim to also create a common decision-making process.

To dispel the myths on the implications of the right to be forgotten, the Commission's report addresses concerns that have arisen, and attempts to correct misinterpretations of the judgment.

Myths the Commission seeks to dispel include:

The judgment requires deletion of content. In reality, the content can still be found through the same search engine based on a different query. The judgment contradicts freedom of expression. The ruling does not give the...

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