Agencia española de protección de datos

’ Right to oblivion '

The court of justice of the european union (ECJ) issued on 13 may 2014 a judgment establishes, as by the agency in its resolutions, the processing of data by search engines is subject to the data protection rules of the european union and that individuals are entitled to seek, under certain conditions, links to their personal data are not included in the results of an internet search engines done by its name.

Information note on the exercise of the 'right to oblivion'

  Five key points to exercise the 'right to oblivion'

1. What is the 'right to oblivion ’?

The so-called 'right to oblivion ’ is the manifestation of the traditional rights of and cancellation and opposition applied to the internet browsers.' right to oblivion 'refers to the right to prevent the spread of personal information via the internet when its publication does not meet the requirements of appropriateness and relevance under the rules. In particular, it includes the right to limit the universal dissemination and indiscriminate destruction of personal data in general seekers when the information is already obsolete or is not relevant or public interest, although the original publication is legitimate (in the case of official journals or information covered by the freedoms of expression or information).

    2. Can I exercised against the search engine without going to the original source?

    Yes. Search engines and publishers conducting two original data differentiated treatments, with different legitimacy and also with a different impact on the privacy of individuals. By that can happen, and indeed often happens, as applicable grant the right against the editor and yes against the search engine, since the universal dissemination of the search engine, together with the additional information that facilitates on the same individual when seeking by its name, can have a disproportionate impact on privacy.

    3. If this is against a search engine, the information will be removed from the internet?

    Not. The judgment of the court of justice of 13 may 2014 specifically stated in this connection that the exercise of rights of cancellation and opposition made for front only affects the results obtained in the searches made by the name of the person and does not imply that the page must be removed from the indices the browser or the original source. The liaison shown in the search will only be visible when the search is conducted through the name of the person who exercised his right. The sources remain unchanged and continue to be when the search is conducted by word or any other term other than the name of the concerned.

    4. How can i be exercised?

    Spanish law establishes that to exercise the rights of cancellation and opposition (and, therefore, the 'right to oblivion ’) it is imperative that the citizen is directed primarily to the entity that is trying its data, in this case the search engine. the majority diggers had their own forms (Google, Big or Yahoo ) to receive requests for exercise of rights in this area. If the entity is not answering the request made or the citizen thinks that the answer which receives is wrong, may request the Spanish Agency data protection supervise their right against the responsible. Depending on the circumstances of each particular case, the Agency shall determine if it deems it or not. This decision of the agency, in turn, may be appealed to the courts.

    5. The Limits? right to oblivion? the right to receive information?

    Not. In the case of prospectors, the judgment notes that it is necessary to strike a balance on a case-by-case basis to achieve a balance between the different rights and interests. Given that it is essential to evaluate the circumstances of each request and should take into account the interest of users in accessing information, those that are of interest to the public by its nature or affect public figure shall not be accepted.

      AEPD resolutions

    The people look to the spanish agency of data protection (AEPD) to supervise its right when, after having addressed the search engine, this has not responded or not in the form that the citizen considers appropriate. The following are some examples of proceedings brought by the agency for guidance. If wished to accede to a higher number of resolutions can consult this section.

    Estimatorias resolutions

    Acceptances based on resolutions

      More information