CJEU C-131/12 Google Spain: Recognition of the Right to Dereferencing

Facts and Scope of the Google Spain Judgment (C-131/12)

In its landmark ruling of 13 May 2014 (Google Spain and Google, C-131/12, ECLI:EU:C:2014:317), the Grand Chamber of the CJEU recognized for the first time the right of natural persons to request search engines to remove links pointing to web pages containing personal data relating to them from the search results displayed upon entering their name.

The Court held that the operator of a search engine carries out processing of personal data distinct from that carried out by the web page publishers, and must be qualified as a data controller under European law.

Balancing Test: Fundamental Rights vs. the Right to Information

The Court established that the fundamental rights of the data subject (respect for private life and protection of personal data, Articles 7 and 8 of the Charter) override, as a general rule, not only the economic interest of the search engine operator, but also the general public's interest in finding that information.

However, this balance may be rebutted where preponderant reasons arise from the role played by the data subject in public life, justifying an overriding public interest in having access to the information.

Verified Official Sources

See Also in the Legal Framework