Google LLC – Court Ruling (Finland, 2021)

Google LLC (the controller) had asked the Administrative Court of Helsinki to overturn [https://gdprhub.eu/index.php?title=Tietosuojavaltuutetun_toimisto_(Finland)_-_918/154/2019 the Finnish DPA's decision], according to which the controller had been ordered to remove outdated search result links from Google Search. The controller filed the appeal claiming that the search results were necessary for exercising the right of freedom of expression and information within the meaning of Article 17(3)(a) GDPR. The controller also stated that there were compelling legitimate grounds to keep the search result links available to the public under Article 21(1) GDPR, as the data subject acted in a public role. The DPA argued that the date indicated in the news articles to which the search result links led did not guarantee that the reader understood the information as describing past events. Thus, a reader who ignored the date of the news article could think that the police was still seeking information about the data subject's whereabouts. The Court found that the controller processed the personal data for the purposes of its legitimate interests in accordance with Article 6(1)(f) GDPR. Therefore, the data subject must be considered to have objected to the processing of their personal data on grounds relating to their particular situation in accordance with Article 21(1) GDPR. In this respect, the Court considered that the data subject could be considered to have a public role in terms of balancing the interests between the right to privacy and freedom of expression due to the commission of a serious crime. The data subject could also be considered to have a public role as CEO and board member of a real estate agency. The Court noted that the news articles to which the search result links led indicated the date on which the news had been published. Thus, the fact that the general public might mistakenly believe that the arrest warrant against the data subject was still valid could not be given decisive weight in the balancing of interests. In light of this, the Court held that the data subject's right to privacy did not override the public interest in access to information concerning the data subject. As a result, the Court overturned the contested decision and the order contained in it to remove the search result links.