9
Protection Agency (SPDA)in a case which concerned a
proceeding relating to bankruptcy which had ordered removal
of material from the offending website by recognizing a
qualified right to be forgotten and held that an individual was
entitled to have Google de-list information of which he
complained.
9.Recently, the European Court of Justice, in Google LLC vs.
CNIL5 ruled that “currently there is no obligation under EU law,
for a search engine operator to carry out such a de-referencing
on all the versions of its search engine.” The Court also said
that the search operator must “take sufficiently effective
measures” to prevent searches for differenced information
from within the EU. The court specifically held as under:
“69. That regulatory framework thus provides the
national supervisory authorities with the instruments
and mechanisms necessary to reconcile a data
subject’s rights to privacy and the protection of
personal data with the interest of the whole public
throughout the Member States in accessing the
information in question and, accordingly, to be able to
adopt, where appropriate, a de-referencing decision
which covers all searches conducted from the territory
of the Union on the basis of that data subject’s name.
5Case
C-507/17