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ARTICLE · 09 JANUARY 2015

Article 29 Working Party Publishes Guidelines On Right To Be Forgotten

Van Bael & Bellis
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The Guidelines recall that the ECJ's judgment has made it clear that search engine operators process personal data and therefore qualify as data controllers.

European UnionPrivacy

On 13 May 2014, the Court of Justice of the European Union (the "ECJ") issued a landmark judgment (See VBB on Belgian Business Law, Volume 2014, No. 5, p. 6, available at www.vbb.com) granting the possibility for a data subject to request from search engines such as Google the de-listing of links appearing in the search results based on this data subject's name. This judgment is supposed to create a balance between the relevant privacy rights of an individual and the interest of the public in having access to particular information.

On 26 November 2014, the Article 29 Data Protection Working Party (the "Working Party"), an independent European advisory body on data protection and privacy comprised of representatives from the national data protection authorities of the EU Member States, the European Data Protection Supervisor and the European Commission, adopted guidelines on the implementation of this judgment (the "Guidelines").

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