AEPD - E/00378/2020
|AEPD - E/00378/2020|
|Outcome:||No further action|
|Decided:||5. 2. 2020|
|Published:||5. 2. 2020|
|Parties:||[Facebook Spain, S.L. Google LLC (Google Spain, S.L.)]|
|National Case Number/Name:||E/00378/2020|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD (in ES)|
The Spanish Data Protection Agency (AEPD) decided not to take further actions on Google, LLC (Google Spain, S.L.) and Facebook Spain, S.L. as data controllers for the non-compliance with the right to be forgotten of a Spanish citizen, as per Article 17 GDPR.
English Summary[edit | edit source]
Facts[edit | edit source]
The decision is the consequence of a complaint submitted by a Spanish citizen stating that both data controllers included some links and publications related to a crime he committed in 2006, during his service as a local police, and that not only some information was untrue, but also such links included his name and surname, picture, national ID number, badge number and possible diseases.
Dispute[edit | edit source]
Holding[edit | edit source]
Thus, the AEPD understood that the right to be forgotten was not applicable here and decided not to take further actions on the data controllers, according to these facts: as long as the news reported by the citizen are currently published in different mass media and social networks, and as long as they are critical with the citizen's professional (not personal) life, freedom of expression shall prevail. The decision also mentions that, in case the citizen still considers that such content is humiliating, he shall address to the corresponding Spanish court on a proceeding for the protection of his honour.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
To be added