87.
Section 26(1) (under the title: “erasure ofpersonal data no longer
,
required ) of the Ordinance provides that:
“A data
user must take all practicable steps to erase personal data
held by the data user where the data is no longer required for the
purpose (including any directly related purpose) for which the data
was used unless-
(a) any such erasure is prohibited under any law; or
(b) it is in the public interest (including historical interest) for
'
the data not to be erased.
88.
>''
In Google Spain SL, Goosle Inc. v Asencia Espanola de Proteccion
de Datos (AEPD), Mario Costeja Gonzalez (C-131/12, 13 May 2014)
(“Google Spain )
"
,
the complainant, a Spanish national, lodged a complaint
with AEPD, the Spanish Data Protection Agency, against a publisher of a
daily newspaper circulated in Spain, Google Spain and Google Inc. His
complaint was that when a Google search was conducted using his name
as the keyword, the results showed links to two pages of the newspaper
,
which contained an announcement for an auction organized following
attachment proceedings for the recovery of social security debts owed by
him. His requests were that the newspaper, Google Spain and Google Inc.
should take steps to ensure that the personal data relating to him no longer
appeared. The AEPD rejected his complaint against the newspaper but
,
upheld those against Google Spain and Google Inc..
59
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