12/10/2019
CURIA - Documents
subject has the right under Article 14(a) of the directive to object to that processing on compelling
legitimate grounds relating to his particular situation.
The provisions of Directive 95/46 must be interpreted as meaning that, where the operator of a search
engine has received a request for de-referencing relating to a link to a web page on which personal data
falling within the special categories referred to in Article 8(1) or (5) of Directive 95/46 are published,
the operator must, on the basis of all the relevant factors of the particular case and taking into account
the seriousness of the interference with the data subject’s fundamental rights to privacy and protection
of personal data laid down in Articles 7 and 8 of the Charter of Fundamental Rights of the European
Union, ascertain, having regard to the reasons of substantial public interest referred to in Article 8(4)
of the directive and in compliance with the conditions laid down in that provision, whether the
inclusion of that link in the list of results displayed following a search on the basis of the data subject’s
name is strictly necessary for protecting the freedom of information of internet users potentially
interested in accessing that web page by means of such a search, protected by Article 11 of the Charter.
3.
The provisions of Directive 95/46 must be interpreted as meaning that
–
first, information relating to legal proceedings brought against an individual and, as the case may
be, information relating to an ensuing conviction are data relating to ‘offences’ and ‘criminal
convictions’ within the meaning of Article 8(5) of Directive 95/46, and
–
second, the operator of a search engine is required to accede to a request for de-referencing
relating to links to web pages displaying such information, where the information relates to an earlier
stage of the legal proceedings in question and, having regard to the progress of the proceedings, no
longer corresponds to the current situation, in so far as it is established in the verification of the
reasons of substantial public interest referred to in Article 8(4) of Directive 95/46 that, in the light of all
the circumstances of the case, the data subject’s fundamental rights guaranteed by Articles 7 and 8 of
the Charter of Fundamental Rights of the European Union override the rights of potentially interested
internet users protected by Article 11 of the Charter.
[Signatures]
*
Language of the case: French.
curia.europa.eu/juris/document/document_print.jsf?docid=218106&text=&dir=&doclang=EN&part=1&occ=first&mode=DOC&pageIndex=0&cid=2571804
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