Neutral Citation Number: 2023:DHC:2806 name retrieved links to newspaper articles on his insolvency proceedings. The CJEU held that the role played by a search engine is such that it can significantly affect the fundamental rights to privacy and protection of personal data, and thus, a search engine must ensure that, within the framework of its responsibilities, powers and capabilities, its activities must comply with the law which would be rendered ineffective without its compliance. The CJEU also recognised the “right to be forgotten” and held that if the user’s request was found to be in consonance with the law, then it was incumbent upon the search engine to remove the links in question as the law would supersede the search engine’s financial interests as well as the interest of the general public in accessing that information. The relevant portion of the Press Release No. 70/2014 on the said Judgement issued in the English language by the Court of Justice of European Union at Luxembourg on 13.05.2014 reads as under: ―The Court further holds that the operator of the search engine is the ‗controller‘ in respect of that processing, within the meaning of the directive, given that it is the operator which determines the purposes and means of the processing. The Court observes in this regard that, inasmuch as the activity of a search engine is additional to that of publishers of websites and is liable to affect significantly the fundamental rights to privacy and to the protection of personal data, the operator of the search engine must ensure, within the framework of its responsibilities, powers and capabilities, that its activity complies with the directive‘s requirements. This is the only way that the guarantees laid down by the directive will be able to have full effect and that effective and complete protection of data subjects (in particular of their privacy) may actually be achieved. Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 70 of 88

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents