Google – No Violation (Norway, 2021)

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