By Brendan Van Alsenoy and Marieke Koekkoek
In May of this year, the Court of Justice of the European Union (CJEU) decided that individuals can ask Google to stop referring to certain information about them, as discussed previously on this blog. The CJEU’s recognition of this so-called “right to be forgotten” has kicked up quite a storm. Now that the dust is beginning to settle, it is time to direct our attention to questions of practical implementation. One set of questions is about territorial reach. How far should the right to be forgotten extend, geographically speaking? Should Google, upon finding that an individual’s request is justified, modify its search results globally? Or should it only modify search results shown within the EU?And if so, how useful or effective is this right to be forgotten then?
By Orla Lynskey
Judgment of the Court (Grand Chamber) in C-131/12 Google Spain v AEPD and Mario Costeja Gonzalez
When Advocate General Jääskinen delivered his Opinion in the Google Spain case in June of last year (as commented upon on this blog here), it seemed to many (myself included) that it was the last nail in the coffin of the controversial ‘right to be forgotten’ provided for in the EU’s Proposed Data Protection Regulation. The judgment of the Grand Chamber of the Court of Justice delivered this morning in this case would however indicate otherwise. Indeed, it seems to follow from the judgment, which comes down decisively in favour of data protection and privacy when balanced with freedom of expression, that a ‘right to be forgotten’ already exists in the EU data protection regime in all but name only. For an assessment of the implications of this case, skip right to the bottom of this lengthy post!