Google doesn’t have to remove illegal search results worldwide
The ECJ has ruled that Google is not obliged to make a delisting in all versions of its search engine, but is obliged to carry out such a statement in all versions of the Member States and to take measures to prevent internet users from doing so. to access the relevant links in non-EU versions of the search engine from a Member State.
The Conseil d’Etat in France referred a number of questions for a preliminary ruling to the Court of Justice seeking to ascertain whether the provisions of EU law on the protection of personal data must be interpreted as meaning that the operator of a search engine, if he is a the list application is made in all versions of its search engine, only in all versions of the Member State or only in the version for the Member State in which the delisting application was made.
Therefore, the Court pointed out that it had already held that a search engine operator was required to provide links from the list of results displayed following a search carried out on the basis of a person’s name.
to websites published by third parties with information about that person, even if the name or information on those websites is not deleted before or at the same time, and, where appropriate, even if their publication on the sites is considered to be lawful.
The ECJ then found that Google’s establishment in France carries out activities, in particular commercial and advertising activities which are inextricably linked to the processing of personal data relating to the operation of the search engine concerned, and that: Google carries out uniform processing of personal data, in particular taking into account the links between its various national versions.
Such a situation therefore falls within the scope of EU rules on the protection of personal data. In a globalised world, access by Internet users, in particular those outside the Union, to the listing of a link leading to information about a person whose main interests are within the Union, could also be used within the Union. direct and immediate
have a significant impact on that person, so that a worldwide exclusion could fully achieve the protection objective of EU law.
However, many third countries would not know of any right of delisting or take a different approach to that right. Furthermore, the right to the protection of personal data is not an unrestricted right, but must be seen in the light of its social function and must be balanced against other fundamental rights while respecting the principle of proportionality.
