Forget The European “right to be” the Internet is global. Operators such as Google have to the left out of the result lists in case of a successful request of the data only in the European versions of its search engine to delete, such as the European court of justice ruled.
in Addition, the EU judges wrote an accurate assessment of the question of what search results must be suppressed.
There’s Links to information on the Internet, popping up in a search for a particular name. The ECJ had to decide in two different disputes from France. In one case, the plaintiff wanted to commit to Google, Links to delicate Clues to religious affiliation or previous sexual offences to be deleted from the list of results. (Case C-136/17).
to settle In the other case, privacy advocates wanted to force the US operator, in the case of successful applications of such Links from all versions of the search engine in the world. (Case C-507/17) In both cases, the EU judges decided more in terms of Google and the “right to be Forgotten” barriers.
the EU judges found to the extent of such deletion requests, unlike in the European Union, there is in many other States, there is no “list right”. Also have the right to protection of personal data is not absolute: It must be balanced with other fundamental rights, such as freedom of information of Internet users.
According to current legal situation does not need to be deleted a Link in the case of a successful application in all the versions of a search engine, but only in those of the EU member States. However, the operators of Internet should users to try to stop by one EU state on the appropriate Links in Non-EU versions of the search engine to access.
the so-called Geoblocking is apparently referring to. The location of a user is located via its IP address, or other methods, and the Online services are assigned accordingly.
more Complicated is the response of the EU judge to the question of which Links have to be deleted at the Request of the person Concerned. Google and Co need to examine, therefore, whether the inclusion in the list of results for the protection of the freedom of information is essential.
Four of the Sufferers in France, had unsuccessfully requested the deletion of the Links. It was about a satirical photo montage, information about Connections to the Church of Scientology or the Link to an article about an accusation of sexual Assault on young people.
The judge made it absolutely clear that the Processing of personal data about political opinions, ethnic origin or information about health and sex life in General, is prohibited. But there are exceptions.
This depended on the nature of the Information, its sensitivity for the private life of the Person concerned and the interests of the Public. The role of the Person in public life to be included. Search engine operators would have to make their decision on the basis of all the relevant circumstances of the individual case.
The pirate members of the European Parliament Patrick Breyer said to the Judge, search engines to block references to legal content, have to do with an effective “right to be Forgotten” anyway little. “Instead of disabled Disable invalid information should be deleted where they are stored, and the permissible information to be found.”
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