Delisting search results—Google Spain and Article 17 of the GDPR
Produced in partnership with RPC
Delisting search results—Google Spain and Article 17 of the GDPR

The following Information Law guidance note Produced in partnership with RPC provides comprehensive and up to date legal information covering:

  • Delisting search results—Google Spain and Article 17 of the GDPR
  • Background to the Google Spain case
  • Court of Justice findings
  • Scope and effect of the Court of Justice decision
  • Criterion 1—the data subject’s role in public life
  • Criterion 2—the nature of the information
  • Criterion 3—the source
  • Criterion 4—time
  • Decision of the Spanish Supreme Court
  • Practical effect on Google and other search engine operators
  • more

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law. During this period, the GDPR applies in the UK and the UK generally continues to be treated as an EU (and EEA) state for EEA and UK data protection law purposes. Any references to EEA or EU states in this Practice Note should therefore be read to also include the UK until the end of the implementation period. For further guidance on that period, its duration and the data protection laws that are anticipated to apply after the end of it, see Practice Note: Brexit—implications for data protection.

This Practice Note considers the implications of the decision of the Court of Justice in Google Spain v Agencia Española de Protección de Datos (AEPD) which was based on the law applicable under Directive 95/46/EC (the Data Protection Directive). This decision is the basis for what has become known as ‘the right to be forgotten’, although it would perhaps be more accurate to describe it as ‘the right for certain online search results to be delisted in certain circumstances’. This Practice Note considers the reasoning in the decision, how it is being applied in practice and further developments, including the impact of the Spanish