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ARTICLE · 10 OCTOBER 2019

The ‘Right To Be Forgotten' Within The European Union

In the case of Google LLC vs Commission Nationale de l'informatique et des libertés decided by the Court of Justice of the European Union on the 24 September 2019, the Court delivered a landmark preliminary ruling.

MaltaPrivacy

In the case of Google LLC (as successor in law to Google Inc) vs Commission Nationale de l'informatique et des libertés ("CNIL") decided by the Court of Justice of the European Union (the "CJEU" or the "Court") on the 24 September 2019, the Court delivered a landmark preliminary ruling with respect to the applicability of the 'right to be forgotten' within the European Union.

The request for a preliminary ruling revolved around the proper interpretation of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "Directive"), specifically article 12(b) of the Directive and subparagraph (a) of the first paragraph of Article 14 of the Directive. The former provides that each Member State shall ensure that every data subject has the right to obtain from a controller of information, the rectification, erasure or blocking of data due to the incomplete or inaccurate nature of the data

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