The EU Data Protection Directive “does not establish...
The EU Data Protection Directive “does not establish a general ‘right to be forgotten,'” the EU Court of Justice Advocate General Niilo Jaaskinen said in an opinion Tuesday (http://bit.ly/179Kncn). The opinion related to the case between Google and an individual…
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who unsuccessfully asked that the search company remove search results linking his name to press reports about “announcements concerning a real-estate auction connected with attachment proceedings prompted by social security debts,” according to a release describing the ruling. The individual brought his case to the Spanish Data Protection Agency, which upheld his case, the release continued. National data protection entities “cannot require an internet search engine service provider to withdraw information from its index,” Jaaskinen ruled. Additionally, because the directive does not create a general “right to be forgotten,” such a right cannot “be invoked against search engine service providers on the basis of the Directive, even when it is interpreted in accordance with the Charter of Fundamental Rights of the European Union,” the release continued. Jaaskinen found that Google is subject to the directive as it established a presence in an EU member state “for the promotion and sale of advertising space on the search engine, in an office which orientates its activity towards that inhabitants of that State.”