BIANCARDI v. ITALY JUDGMENT
established that, in the light of all the circumstances of the case, the data
subject’s fundamental rights – as guaranteed in the Charter of Fundamental
Rights of the European Union by its Article 7 (“Respect for private and
family life”) and Article 8 (“Protection of personal data”) – overrode the
rights of potential Internet users who might have an interest that was
protected by the Charter’s Article 11 (“Freedom of expression and
information”).
3. Google (Territorial scope of de-referencing) (Case C-507/17)
25. In a judgment of 24 September 2019 in Google (Territorial scope of
de-referencing), C-507/17, EU:C:2019:772, the CJEU was called upon to
interpret Directive 95/46/EC following a request for a preliminary ruling
concerning the imposition by CNIL on Google of a penalty of EUR 100,000
because of that company’s refusal, when granting a de-referencing request,
to apply it to all of its search engine’s domain name extensions. The CJEU
was then requested to clarify the territorial scope of the requested dereferencing and to determine whether the provisions of Directive 95/46/EC
required de-referencing at the national, European or worldwide level.
26. The CJEU ruled that in the event that a search engine operator
granted a request for de-referencing (pursuant to Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46/EC and
of Article 17 § 1 of Regulation (EU) 2016/679 of the European Parliament
and of the Council – see paragraph 28 below), that operator would not be
required to carry out that de-referencing on all versions of its search engine,
but only on the versions of that search engine corresponding to all the
European Union States, using, where necessary, measures which, while
meeting the legal requirements, effectively prevented (or, at the very least,
seriously discouraged) an Internet user from (i) conducting a search from
one of the European Union member States on the basis of a data subject’s
name, and (ii) gaining access, via the list of results displayed following that
search, to the links that were the subject of that request.
C. EU national data
26 November 2014
protection
authorities’
guidelines
of
27. On 26 November 2014 the domestic data protection authorities of all
the European Union member States – meeting within the Article 29
Working Party (an independent European working party dealing with issues
relating to the protection of privacy and personal data) – adopted a set of
guidelines designed to ensure the harmonised implementation of the CJEU’s
judgment of 13 May 2014 (Guidelines on the implementation of the Court
of Justice of the European Union judgment on “Google Spain and Inc. v.
Agencia Española de protección de datos (AEPD) and Mario Costeja
González” C-131/12, adopted on 26 November 2014 by the Article 29 Data
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