Editing AEPD - TD/00005/2020

From GDPRhub

Warning: You are not logged in. Your IP address will be publicly visible if you make any edits. If you log in or create an account, your edits will be attributed to your username, along with other benefits.

The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then save the changes below to finish undoing the edit.

Latest revision Your text
Line 25: Line 25:
 
|GDPR_Article_1=Article 17 GDPR
 
|GDPR_Article_1=Article 17 GDPR
 
|GDPR_Article_Link_1=Article 17 GDPR
 
|GDPR_Article_Link_1=Article 17 GDPR
 +
|GDPR_Article_2=Article 6(1)(f) GDPR
 +
|GDPR_Article_Link_2=Article 6 GDPR#1f
 +
 +
 
|Party_Name_1=
 
|Party_Name_1=
 
|Party_Link_1=
 
|Party_Link_1=
Line 47: Line 51:
 
The Spanish Data Protection Agency (AEPD) rejects A.A.A's claims against Google Spain, SL.  The complaint concerned an alleged violation of the applicant's right of erasure (Article 17 GDPR). However, the conflicting information had been anonymized by the webmaster of the concerned website (not by GOOGLE SPAIN), leaving the procedure without subject matter since the claims of the complainant had already been satisfied.  
 
The Spanish Data Protection Agency (AEPD) rejects A.A.A's claims against Google Spain, SL.  The complaint concerned an alleged violation of the applicant's right of erasure (Article 17 GDPR). However, the conflicting information had been anonymized by the webmaster of the concerned website (not by GOOGLE SPAIN), leaving the procedure without subject matter since the claims of the complainant had already been satisfied.  
  
==English Summary==
+
== English Summary ==
  
===Facts===
+
=== Facts ===
 
On 11/09/2019, Mr(s). A.A.A exercised a right to erasure (to be forgotten) in relation to an URL against GOOGLE SPAIN, S.L.  The complainant, whose personal data appear in a news article from 2012, considered that the information in the search results was old, obsolete and inaccurate, and that it had no impact on the present and no relevance that could contribute to public debate.
 
On 11/09/2019, Mr(s). A.A.A exercised a right to erasure (to be forgotten) in relation to an URL against GOOGLE SPAIN, S.L.  The complainant, whose personal data appear in a news article from 2012, considered that the information in the search results was old, obsolete and inaccurate, and that it had no impact on the present and no relevance that could contribute to public debate.
  
Line 61: Line 65:
  
  
===Dispute===
+
=== Dispute ===
 
Was the right to erasure of the claimant (Article 17 GDPR) violated by the actions carried out by GOOGLE SPAIN?
 
Was the right to erasure of the claimant (Article 17 GDPR) violated by the actions carried out by GOOGLE SPAIN?
  
===Holding===
+
=== Holding ===
 
The AEPD held that the purpose of this kind of proceedings is to ensure that the rights of the affected parties are duly restored. In the present case, regardless of whether GOOGLE refused to remove the URL, and given that the claimant’s name is not linked to the claimed URL on GOOGLE’s search results anymore, the claims of the complainant had been satisfied, and therefore the complaint should be dismissed for a lack of subject matter.
 
The AEPD held that the purpose of this kind of proceedings is to ensure that the rights of the affected parties are duly restored. In the present case, regardless of whether GOOGLE refused to remove the URL, and given that the claimant’s name is not linked to the claimed URL on GOOGLE’s search results anymore, the claims of the complainant had been satisfied, and therefore the complaint should be dismissed for a lack of subject matter.
  
  
==Comment==
+
== Comment ==
 
There are obvious links between the present case and the landmark decision that the Google Spain case (European Union Court of Justice Case number C-131/12) represents.
 
There are obvious links between the present case and the landmark decision that the Google Spain case (European Union Court of Justice Case number C-131/12) represents.
  
Line 74: Line 78:
  
  
==Further Resources==
+
== Further Resources ==
 
''Share blogs or news articles here!''
 
''Share blogs or news articles here!''
  
==English Machine Translation of the Decision==
+
== English Machine Translation of the Decision ==
 
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
 
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
  

Please note that all contributions to GDPRhub are considered to be released under the Creative Commons Attribution-NonCommercial-ShareAlike (see GDPRhub:Copyrights for details). If you do not want your writing to be edited mercilessly and redistributed at will, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource. Do not submit copyrighted work without permission!

To edit this page, please answer the question that appears below (more info):

Cancel Editing help (opens in new window)

Template used on this page: