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Showing posts from January, 2019

De-referencing II: EU Advocate General Szpunar proposes that the Court should hold that the operator of a search engine must, as a matter of course, accede to a request for the de-referencing of sensitive data. The operator of a search engine must, however, ensure protection of the right of access to information and of the right of freedom of expression

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Source: www.curia.europa.eu
Court of Justice of the European Union
PRESS RELEASE No 1/19
Luxembourg, 10 January 2019
Advocate General’s Opinion in Case C-136/17
G.C. and Others v CNIL
Advocate General Szpunar proposes that the Court should hold that the operator of a search engine must, as a matter of course, accede to a request for the de-referencing of sensitive data
The operator of a search engine must, however, ensure protection of the right of access to information and of the right of freedom of expression

A dispute has arisen between, on the one hand, Ms G.C., Mr A.F., Mr B.H. and Mr E.D. and, on the other hand, the Commission nationale de l’informatique et des libertés (French Data Protection Authority) (‘the CNIL’) with regard to four of that authority’s decisions refusing to put the company Google Inc. on formal notice to de-reference various links, included in the results list displayed following a search made on the basis of their names, to web pages published by third parties. The…

EU Court to rule about search engine de-referencing - Google v CNIL (France)

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Source: www.curia.europa.eu
Court of Justice of the European Union PRESS RELEASE No 2/19
Luxembourg, 10 January 2019
Advocate General’s Opinion in Case C-507/17
Google v CNIL (France)
Advocate General Szpunar proposes that the Court should limit the scope of the de-referencing that search engine operators are required to carry out to the EU
By decision of 21 May 2015, the President of the French Commission nationale de l’informatique et des libertés (National Commission for Information Technology and Civil Liberties; ‘the CNIL’) served formal notice on Google that, when acceding to a request from a natural person for the removal of links to web pages from the list of results displayed following a search performed on the basis of that person’s name, it must apply that removal to all of its search engine’s domain name extensions.
Google refused to comply with that formal notice, merely removing the links in question from only the results displayed following a search performed on the domain nam…