Court case N° 391000N° 393769 N° 395335 N° 397755 N° 399999 N° 401258 N° 403868 N° 405464 N° 405910 N° 407776 N° 409212 N° 423326 N° 429154 – Court Ruling (France, 2019)
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 French Council of State ruled on how Google should handle requests to remove personal data from search results. The court said the right to be forgotten must be balanced with the public's right to information. This means not all data removal requests will be granted, especially if the data is not sensitive.
What happened
Google was challenged for not removing personal data from search results, but the court set guidelines for when this is required.
Who was affected
13 individuals who requested the removal of links to their personal data from Google's search results.
What the authority found
The court found that the right to be forgotten must be balanced with public interest, and not all de-referencing requests are justified.
Why this matters
This decision sets guidelines for search engines on handling data removal requests, stressing the need to balance privacy with public information rights. Website operators should be aware of these criteria when managing personal data online.
GDPR Articles Cited
13 individuals requested the de-referencing of links leading to webpages which contained their personal data from Google LLC. Following Google’s refusal, the individuals filed complaints with the CNIL to request the de-referencing of the links at stake. The CNIL rejected all of the complaints. Thus, each of the complainants challenged the CNIL’s decision before the French Council of State (Conseil d’Etat). From these 13 appeals 18 different legal issues arose. In several instances the Court found that Google complied with the de-referencing requests prior to the appeals. Nevertheless, the Court clarified the framework in which a search engine must respect the right to be forgotten. It recalled that the right to be forgotten is not absolute and it always has to be balanced against the right of freedom of information. When implementing this balancing test the sensitivity of personal data should be taken into consideration. Insofar it does not concern sensitive personal data, the de-referencing must take place whenever the information provided with the link does not outweigh the right to information of the public. The Conseil d’ Etat set guidelines by stating that the balancing assessment should focus on three main elements: * The nature of the personal data, * the social importance of the data subject and * whether the information provided with the link is easily accessible. Insofar it regards sensitive personal data, the de-referencing must occur whenever the information provided with the link is not strictly necessary for the information of the public. In the latter case a stricter assessment has to be conducted, but it still has to follow the same three main elements.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case N° 391000N° 393769 N° 395335 N° 397755 N° 399999 N° 401258 N° 403868 N° 405464 N° 405910 N° 407776 N° 409212 N° 423326 N° 429154 in FR
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
6 December 2019
Authority
Commission Nationale de l'Informatique et des Libertés
GDPRhub ID
gdprhub-court-1522About this data
Cite as: Cookie Fines. Court case N° 391000N° 393769 N° 395335 N° 397755 N° 399999 N° 401258 N° 403868 N° 405464 N° 405910 N° 407776 N° 409212 N° 423326 N° 429154 - France (2019). Retrieved from cookiefines.eu
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