Neutral Citation Number: 2023:DHC:2806
concerns a vast number of aspects of his private life
and that, without the search engine, the information
could not have been interconnected or could have been
only with great difficulty. Internet users may thereby
establish a more or less detailed profile of the person
searched against. Furthermore, the effect of the
interference with the person‘s rights is heightened on
account of the important role played by the internet
and search engines in modern society, which render
the information contained in such lists of results
ubiquitous. In the light of its potential seriousness,
such interference cannot, according to the Court, be
justified by merely the economic interest which the
operator of the engine has in the data processing.
However, inasmuch as the removal of links from the
list of results could, depending on the information at
issue, have effects upon the legitimate interest of
internet users potentially interested in having access to
that information, the Court holds that a fair balance
should be sought in particular between that interest
and the data subject‘s fundamental rights, in particular
the right to privacy and the right to protection of
personal data. The Court observes in this regard that,
whilst it is true that the data subject‘s rights also
override, as a general rule, that interest of internet
users this balance may however depend, in specific
cases, on the nature of the information in question and
its sensitivity for the data subject‘s private life and on
the interest of the public in having that information, an
interest which may vary, in particular, according to the
role played by the data subject in public life.
Finally, in response to the question whether the
directive enables the data subject to request that links
to web pages be removed from such a list of results on
the grounds that he wishes the information appearing
on those pages relating to him personally to be
‘forgotten’ after a certain time, the Court holds that,
if it is found, following a request by the data subject,
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 72 of 88
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents