Google LLC – Dismissed (Spain, 2022)

The data subject exercised their right to erasure by requesting Google LLC (controller) to de-index search results of four URLs that contained their personal data. The controller rejected this request twice. The data subject then filed a complaint with the Spanish DPA. During the investigation, the controller reconsidered and removed two of the four URLs. The two remaining URLs concerned an employee selection process at the State General Administrative Body. A provisional list of candidates and assessments relating to the selection process were published on the body's website. The controller stated that the two remaining URLs referred to information that was of public interest. It argued that institutional websites play an important role in keeping citizens informed on matters of interest to them. The information there should therefore be accessible without restrictions. The controller further argued that the CJEU had held that search results should only be de-indexed after a balancing test of the rights at stake, namely the right to be forgotten and freedom of information. The right to be forgotten cannot imply a retrospective censorship of information correctly published at the time. The DPA noted that under Article 17(3)(b) GDPR, personal data shall not be erased if their processing is necessary to comply with a legal obligation imposed by Union or Member State law. Pursuant to Spanish Law 39/2015 on administrative procedures, administrative acts shall be published (1) if this is laid down in the rules of procedure or (2) when the competent body deems it appropriate for reasons of public interest.Law 39/2015, of 1 October, on the Common Administrative Procedure of Administrations. The DPA held that the accessibility of publications on the website of a public institution guarantees legal certainty and administrative transparency. Therefore, it may be in the public interest to not de-index the URLs. Thus, Google LLC could reject the de-indexing requests on t