The ‘right to be forgotten’ or the ‘principle that has been remembered’ |
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Authors: | Christopher Rees Debbie Heywood |
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Institution: | Taylor Wessing LLP, London, United Kingdom |
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Abstract: | The Court of Justice of the European Union (CJEU) has ruled on questions referred by a Spanish court relating to interpretation of the Data Protection Directive and its application to search engine activities. In a controversial judgment, the CJEU found that search engines are data controllers in respect of their search results; that European data protection law applies to their processing of the data of EU citizens, even where they process the relevant data outside the EU; and that a ‘right to be forgotten’ online applies to outdated and irrelevant data in search results unless there is a public interest in the data remaining available and even where the search results link to lawfully published content. |
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Keywords: | Right to be forgotten Google Spain v AEPD Data Protection Directive 95/46/EC |
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