Google – No Violation (Norway, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
Norway's Datatilsynet found that Google did not violate GDPR when it refused to delete search results about a person's past criminal conviction. The decision highlights the balance between privacy rights and public interest in accessing information. This case is important for understanding when search engines can keep certain information available online.
What happened
Google refused to delete search results about a person's criminal past, citing public interest and journalistic purposes.
Who was affected
The person whose past criminal conviction was mentioned in online articles linked by Google's search results.
What the authority found
The authority decided that Google's refusal to delete the search results did not violate GDPR because the information served a public interest and was published for journalistic purposes.
Why this matters
This case shows that search engines might not have to delete information about past crimes if it's deemed important for public knowledge. Website operators should consider public interest when handling requests to remove content.
GDPR Articles Cited
A data subject was in 2011 sentenced to four years in prison for a serious case of corruption and for concealing the output from their criminal acts. They were also sentenced to pay about €550,000 in compensation and lost their right to run a business, including acting as a general manager or another leading position in any company's board, indefinitely. The case was mentioned in several newspaper articles. The data subject contacted Google and Bing in February 2020 to request deletion of four search results leading to articles mentioning the prior criminal case. Bing deleted the results, but Google refused, stating: "Having assessed the balance of relevant rights and interest relating to the content in question, including factors such as its relevance to your professional life, Google has decided not to block this content." Consequently, the data subject lodged a complaint against Google. The DPA noted that the lawful basis was Article 6(1)(f) GDPR and referred to the [https://ec.europa.eu/newsroom/article29/items/667236/en Article 29 Group's guidelines WP225] relating to search engine results and the balancing between fundamental rights and interests vs. de-listing of information. They also took into account that the information the search results lead to, was convered by Article 10 GDPR that by default prohibits processing of such personal data (relating to criminal convictions and offences). Normally, this would support erasure in this situation, cf. [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:62017CJ0136 G.C. & Others v. CNIL], section 67 (C-136/17 24 September 2019). However, on the other hand, two of the search results lead to articles with objective and factual information the data subject's criminal past. The DPA found this to contradict the data subject's right to erasure. Further, the DPA emphasized that the search results was published for journalistic purposes and the context for which the articles was published, support the public inter
Outcome
No Violation
The DPA investigated and found no violation.
Related Enforcement Actions (0)
No other enforcement actions found for Google in NO
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Google - Norway (2021). Retrieved from cookiefines.eu
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