Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

27/11/2019 - Right to be forgotten: non-mandatory de-indexing in all versions of a search engine

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: right to be forgotten - search engine - non-mandatory de-indexing

On the 24 September 2019, in case C-507/17, the E.U. Court of Justice intervened in the matter of the right to be forgotten to decide on the sanction (for 100,000 euros) imposed on Google, based on the refusal by that company to apply de-indexing on all domain name extensions of your search engine. The main proceeding originates from a dispute between Google and the National Commission for Information Technology and Freedoms - CNIL, concerning the ways in which the manager of a search engine, if he finds that the interested party has the right to obtain that from the list of results, which appears as a result of a search carried out starting from its name, one or more links to web pages containing personal data concerning it are deleted, it must implement the right of de-indexing. At present, there is in the head of the manager a search engine that accepts a request for de-indexing presented by the interested party, possibly following the injunction of a supervisory authority or a judicial authority of a Member State - a obligation, arising from E.U. law, to carry out such de-indexation on all versions of its engine. A supervisory authority or a judicial authority of a Member State remains competent to balance the right of the person concerned with the protection of his private life and the protection of his personal data, on the one hand, and the right to freedom of information on the other.