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The French data protection regulator (CNIL) fined Google €100,000 for violation of the ‘‘right to be forgotten ‘‘

06.04.2016

The French data protection regulator (CNIL) fined Google €100,000 for violation of the ‘‘right to be forgotten ‘‘

In a ruling dated 13 May 2014 (Case C-131/12), the Court of Justice of the European Union found that the Internet users residing in Europe can ask search engines to remove results from queries that include their name.

On March 24, 2016, the French data protection authority (CNIL) imposed a penalty of 100,000 euros against Google for refusing to comply with the CNIL Chair's injunction to extend delisting to all of its search engine's domain name extensions.

The French regulator rejected the solution offered by Google, in which Google undertook to filter results based on the geographic origin of the person performing the search.

Google raised concerns that a global delisting would restrict the freedom of expression and information.

The CNIL Restricted Committee found that the Google search engine service represents a single processing operation and the different geographic extensions (".fr", ".es", ".com", etc.) cannot be considered separate processing operations.

Therefore, for people residing in France to effectively exercise their right to be delisted, in light of the CJEU's decision, the delisting must be applied to the entire processing operation, which means to all of the search engine's extensions.

Sources:

CNIL: https://www.cnil.fr/en/right-be-delisted-cnil-restricted-committee-imposes-eu100000-fine-google

Case (C-131/12) Judgment of the Court (Grand Chamber) of 13 May 2014: http://curia.europa.eu/juris/celex.jsf?celex=62012CJ0131&lang1=bg&type=TXT&ancre


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