Monitor Prawniczy

no. 2/2017

The “right to be forgotten”

Maciej Wróbel
Doktorant w Katedrze Prawa Cywilnego, Handlowego i Ubezpieczeniowego UAM w Poznaniu, przedmiot badań obejmuje prawo autorskie.
Abstract

A Spanish citizen put a request to a representative of Google Spain to remove from search results information dating many years back which related to him and in his opinion impaired his good name and was no longer relevant . Because of Google’s refusal to comply, the case was ultimately referred to the CJEU. The CJ ruled that, firstly, Google Spain processed personal data and was its controller, and, secondly, under certain conditions it was obliged to remove applicant’s personal data. If because of the time that has elapsed it is no longer necessary to process certain personal data and information which is displayed in a search engine and connected to that data are irrelevant from the historical, statistical and scientific viewpoint, such data and information should be deleted (the “right to be forgotten”). The search engine operator is obliged to ensure that personal data is processed fairly and legally.