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 11

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