Neutral Citation Number: 2023:DHC:2806
that the inclusion of those links in the list is, at this
point in time, incompatible with the directive, the
links and information in the list of results must be
erased. The Court observes in this regard that even
initially lawful processing of accurate data may, in
the course of time, become incompatible with the
directive where, having regard to all the
circumstances of the case, the data appear to be
inadequate, irrelevant or no longer relevant, or
excessive in relation to the purposes for which they
were processed and in the light of the time that has
elapsed. The Court adds that, when appraising such a
request made by the data subject in order to oppose
the processing carried out by the operator of a search
engine, it should in particular be examined whether
the data subject has a right that the information in
question relating to him personally should, at this
point in time, no longer be linked to his name by a list
of results that is displayed following a search made
on the basis of his name. If that is the case, the links
to web pages containing that information must be
removed from that list of results, unless there are
particular reasons, such as the role played by the data
subject in public life, justifying a preponderant
interest of the public in having access to the
information when such a search is made.”
(emphasis supplied)
47.
In another ruling of the CJEU in Google LLC v. Commission
Nationale de l’informatique et des libertés (CNIL, Case C-507/2017, it was
observed that it was for the search engine operator to take, if necessary,
sufficiently effective measures to ensure the effective protection of the
fundamental rights of the data subject (user/victim). These measures were
required to meet all legal requirements and ―must have the effect of
preventing or, at the very least, seriously discouraging internet users in the
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 73 of 88
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