• Google Spain: Right to be forgotten
• Schrems I & Schrems II: Data transfer
• Digital Rights Ireland: Data retention

Right to Erasure

Google Spain (C-131/12)

→ the case revolved around whether individuals have the right to request the removal of personal data from search engine results: Right to be Forgotten

Facts of the case: Mr. Costeja González filed a complaint against La Vanguardia, Google Spain, and Google Inc., he argued that this information was outdated and irrelevant and sought its removal from search results

Request to the AEPD: Search engines could be required to remove links to personal data if their indexing compromises an individual's fundamental rights, however the original article was legally published

→ the complaint against La Vanguardia (original publisher) was dismissed, but it upheld against Google Spain and Google Inc., as search engines must comply with data protection laws when processing personal data

Court Appeal: Google Spain argued that it was not responsible for content published on third party websites. However, the court referred the case to the CJEU for a ruling on whether search engines have an obligation to remove search results upon request

CJEU:

• Does EU data protection law apply to Google Spain?
• Is Google considered a data controller under the EU Data Protection Directive (95/46/EC)?
• Do individuals have the right to request the removal of personal data from search engine results?

Advocate General Jääskinen’s Opinion:

• Google’s indexing activities constitute data processing, but search engines should not be forced to remove lawfully published content
• He argued against a Right to be Forgotten, stating that freedom of expression and public interest must be considered
• Search engines should not be treated as data controllers for content published by third parties

CJEU’s Decision: The court disagreed with Jääskinen

1. Google is a data controller under the EU Data Protection Directive since it processes personal data through indexing