Google LLC – Complaint Upheld (Sweden, 2022)

Complaint Upheld
Integritetsskyddsmyndigheten26 July 2022Sweden
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Complaint Upheld

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.

The Swedish Data Protection Authority reprimanded Google for not properly handling requests to remove search results. Google initially refused these requests, claiming it couldn't access the content behind paywalls. This case is important because it clarifies that companies must not shift the burden of proof to users when processing data removal requests.

What happened

Google denied requests to remove search results, claiming it couldn't access the content due to paywalls.

Who was affected

Individuals who requested Google to remove search results about them.

What the authority found

The DPA found that Google improperly placed the burden of proof on users, violating GDPR by not adequately processing their requests to remove search results.

Why this matters

This ruling emphasizes that companies must take responsibility for processing data removal requests and cannot require users to provide additional information. It reinforces the user's right to have outdated or irrelevant information removed.

GDPR Articles Cited

Art. 12(2) GDPR
Art. 17(1) GDPR
Art. 21(1) GDPR
Full Legal Summary
Detailed

The Swedish DPA assessed five complaints from data subjects who had requested removal of search results in accordance with Article 17(1) and 21 GDPR. All five requests had been denied on the ground that the contents of the web pages in question were inaccessible to Google due to paywalls, and that Google was therefore unable to assess whether the contents were no longer relevant or inaccurate. After the complaints were filed, Google acted on the requests. Nevertheless, the Swedish DPA assessed Google's explanation for refusing the requests in the first place. The DPA held that the data subject had exercised their right to object to the processing in accordance with the GDPR. Pursuant to Article 17(1)(c) GDPR, the burden of proof for the existence of overriding legitimate grounds for the continued processing is on the controller and not the data subject. The DPA highlighted that by denying the requests due to Google's alleged inability to access the contents of the relevant web pages, Google was placing the burden of proof on the data subjects. By this logic, the data subjects would have had to gather additional information from the relevant web pages themselves in order for Google to act on the requests. As a result, the data subjects would in practice be forced to pay to be able to exercise their rights. Against this background, the Swedish DPA reprimanded Google for violating Articles 12, 17 and 21 GDPR.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Details

Decision Date

26 July 2022

Authority

Integritetsskyddsmyndigheten

GDPRhub ID

gdprhub-5185

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Google LLC - Sweden (2022). Retrieved from cookiefines.eu

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