The European Court of Justice has ruled in the Mario Costeja Gonzalez case against Google that Google must amend some search results at the request of ordinary people in a test of the so-called “right to be forgotten”.
The European Union Court of Justice said links to “irrelevant” and outdated data should be erased on request.
It gives individuals the ability to delete personal information from internet search results. This is not an unqualified right and enables them to remove only search links not the underlying information. A person must show that the data published is “inadequate, irrelevant or no longer relevant, or excessive in relation to the purpose for which they were processed and in the light of the time that has elapsed”. Operators are not obliged to comply with requests. But if an operator refuses a complainant can ask his/her national data protection authorities to order the links to that information to be removed.
The Court held that “ An internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties. Thus if following a search made on the basis of a person’s name , the list of results displays a link to a web page which contains information on the person in question, that data subject may approach the operator directly and where, the operator does not grant his request, bring the matter before the competent authorities in order to obtain , under certain conditions, the removal of that link from the list of results.”
The judgement stresses that the rights of the individual are paramount when it comes to their control over their personal data, although there is a public interest defence when it comes to people in public life commander du vrai viagra.
The court said people should address any request for data to be removed to the operator of the search engine, which must then examine its merits.