Tuesday, June 25, 2013

Google wins lawsuit: "No right to be forgotten" for EU citizens - T-Online

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25.06.2013, 17:02 clock | AFP, dpa

Google is not obliged to delete (Source: imago  Bernhard Classen).

Google is not obliged to deletion. (Source: Bernhard Classen / imago)

EU citizens can claim no “right to be forgotten” on the Internet, and search engines can not be forced to delete specific pages from their search results. This is the result of the Advocate General of the European Court of Justice (ECJ) comes in a report.

Google before the European Court of Justice (ECJ) in Luxembourg an important stage victory in the dispute over a “right to be forgotten” won the internet. Advocate General Niilo Jääskinen represented in a report published on Tuesday the view that a national data protection authorities could not force to remove information from its index an Internet search engine providers.

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  • There is no “right to be forgotten”

    Niilo Jääskinen According to the EU Data Protection Directive contains no general “right to be forgotten”. Therefore, citizens could just deleting clearly wrong, but not only require about unpopular data.

    trigger is a case of Spain

    In the present case concerned a newspaper published in a 1998 official notice of a garnishment for a Spaniard, which was published on the Internet. The interested party argued against this article that Google still displays when you type his name today. The Spanish Data Protection Authority had asked Google to delete the name of the person concerned, as the man do maintain that the matter had long been settled and have no meaning.

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    not responsible for third party content

    According to the Advocate General search engine providers are not responsible for such personal data processed by them to the websites of third parties. Reason: The search engine only localize information on external websites, but have no control over the information on these pages. In addition, search engines are to be distinguished not even able to distinguish between personal and other data.

    search engines could also be required on the basis of national law, to block access to websites containing defamatory information. Would require an interested party a legitimate hide information instead of the search engine providers, this would be censorship and an infringement of the freedom of the internet site owner – because the site would not be easy to find


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    subject entirely to EU law

    In one important respect, however, the lawyers of the search engine giant had suffered a setback: The ECJ experts disagreed Google, as the company argued that the data would be processed outside the EU and therefore would be subject at all EU law. Spanish national data protection provisions are quite applicable because Google had an office in Spain and also teach his advertising in Spanish.

    The ECJ ruling is not expected for several months. In most cases, the highest EU court follows the Opinion of the Advocate General.

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    AFP, dpa



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