A Court Decision Best Forgotten…The European Court of Justice allows anyone to censor personal data that do not like even if it is accurate and truthful

Posted: 13 May, 2014 in EU
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European Court of Justice Search engines are data controllers within the meaning of the Data Protection Directive, and responsible for complying with the data protection principles in respect of the processing they do of personal data, says Europe’s highest court, the Court of Justice of the European Union (CJEU).The CJEU upheld the right of a user to suppress search results on his name that pointed to newspaper articles about him. CJEU found that Google, as a search engine, processed personal data, by determining which links would appear in response to a search on an individual’s name, and is the data controller for that processing. This applies even when the data attached to the individual’s name exclusively concerns data that has already been published, and regardless of the fact that the processing was performed without distinction to the data, other than the personal data.

By finding Google to be a data controller in its own right, the CJEU was able to apply the full scope of the Data Protection Directive to Google, and arrive at a decision that users can, in some circumstances, have a right to be forgotten , even in respect of data that was originally published lawfully.

Finally, in response to the question whether the directive enables the data subject to request that links to web pages be removed from such a list of results on the grounds that he wishes the information appearing on those pages relating to him personally to be forgotten after a certain time, the Court holds that, if it is found, following a request by the data subject, that the inclusion of those links in the list is, at this point in time, incompatible with the directive, the links and information in the list of results must be erased.

Index on Censorship writes:

The Court’s decision is a retrograde move that misunderstands the role and responsibility of search engines and the wider internet. It should send chills down the spine of everyone in the European Union who believes in the crucial importance of free expression and freedom of information.

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