BIANCARDI v. ITALY JUDGMENT
out solely for journalistic purposes or the purpose of artistic or literary expression
only if they are necessary to reconcile the right to privacy with the rules governing
freedom of expression.”
Article 12: Right of access
“Member States shall guarantee every data subject the right to obtain from the
controller:
...
(b) as appropriate the rectification, erasure or blocking of data the processing of
which does not comply with the provisions of this Directive, in particular because of
the incomplete or inaccurate nature of the data;
...”
Article 14: The data subject’s right to object
“Member States shall grant the data subject the right:
(a) at least in the cases referred to in Article 7 (e) and (f), to object at any time on
compelling legitimate grounds relating to his particular situation to the processing of
data relating to him, save where otherwise provided by national legislation. Where
there is a justified objection, the processing instigated by the controller may no longer
involve those data;
...”
B. Relevant case-law of the Court of Justice of the European Union
relating to Directive 95/46/EC
1. Google Spain and Google (Case C-131/12)
19. In its Grand Chamber judgment of 13 May 2014 in Google Spain
and Google, C-131/12, EU:C:2014:317, the Court of Justice of the
European Union (CJEU) was called upon to interpret Directive 95/46/EC. It
found that the “activity” of an Internet search engine was to be classified as
the “processing of personal data” within the meaning of Directive 95/46/EC,
and held that such processing of personal data by the operator of a search
engine was liable to affect significantly the fundamental rights to privacy
and to the protection of personal data (as guaranteed under Articles 7 and 8
of the Charter of Fundamental Rights of the European Union, OJ 2007/C
303/01) when a search by means of that engine was carried out on the basis
of an individual’s name, since such processing enabled any Internet user to
obtain (through the list of search results thus attained) a structured overview
of the information relating to that individual that could be found on the
Internet and thereby to establish a more or less detailed profile of him or
her.
20. Furthermore, the effect of such interference on the rights of a data
subject would be heightened on account of the important role played by the
Internet and search engines in modern society, which rendered the
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