Neutral Citation Number: 2023:DHC:2806
name retrieved links to newspaper articles on his insolvency proceedings.
The CJEU held that the role played by a search engine is such that it can
significantly affect the fundamental rights to privacy and protection of
personal data, and thus, a search engine must ensure that, within the
framework of its responsibilities, powers and capabilities, its activities must
comply with the law which would be rendered ineffective without its
compliance. The CJEU also recognised the “right to be forgotten” and held
that if the user’s request was found to be in consonance with the law, then it
was incumbent upon the search engine to remove the links in question as the
law would supersede the search engine’s financial interests as well as the
interest of the general public in accessing that information. The relevant
portion of the Press Release No. 70/2014 on the said Judgement issued in
the English language by the Court of Justice of European Union at
Luxembourg on 13.05.2014 reads as under:
―The Court further holds that the operator of the
search engine is the ‗controller‘ in respect of that
processing, within the meaning of the directive, given
that it is the operator which determines the purposes
and means of the processing. The Court observes in
this regard that, inasmuch as the activity of a search
engine is additional to that of publishers of websites
and is liable to affect significantly the fundamental
rights to privacy and to the protection of personal data,
the operator of the search engine must ensure, within
the framework of its responsibilities, powers and
capabilities, that its activity complies with the
directive‘s requirements. This is the only way that the
guarantees laid down by the directive will be able to
have full effect and that effective and complete
protection of data subjects (in particular of their
privacy) may actually be achieved.
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 70 of 88
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