Guidelines on the “right to be forgotten” in the specific case of online search engine

The EDPB published its Guidelines 5/2019 on the criteria of the Right to be Forgotten in the search engines cases under the GDPR (Part 1) as adopted on 2 December 2019.

These Guidelines have been adopted as a consequence of the increase in the number of complaints filed by data subjects against the refusal by search engine providers to delist links displayed as a result in their search engine and directing to website(s) publishing information concerning such data subjects.

As a reminder, the “Costeja” judgment of the CJEU of 13 May 2014 (aka Google Spain case)¹ confirmed the existence of the so-called “right to be forgotten”, which was already granted under Directive 95/46/EC as the right to object and right to erasure. Such rights are now provided under Articles 17 and 21 of the GDPR and may be referred to as the “right to request delisting” in the specific case of search engines.

The Guidelines highlight the possible grounds for requesting delisting from a search engine list of results as well as the possible exceptions to such a right.

They are now subject to public consultation until 5/2/2020 where the EDPB welcomes any comment from the public.

This may also interest you :

• CJEU limits the de-referencing right to the EU territory
• Guidelines on the territorial scope of the GDPR
• Guidelines on data protection by design and by default