European High Court to Decide on Privacy Case reports Advanced Positions
Google claims it is not beholden to EU rules
According to an official statement issued by the CJEU, the case has been triggered by individuals who complained to Spain's data protection authority that the results that appeared in Google's search rankings were detrimental and private. The AEPD ordered Google to "take the necessary measures to withdraw the data from their index and to render future access to the information impossible via their search engine"; however, the internet giant and Google Spain have both appealed the order of the Spanish courts.
The Audiencia Nacional in Spain has asked the CJEU to provide ruling on particular aspects of the EU data protection laws to better enable a proper judgment regarding the case. It has asked to determine whether Google can consider a 'data controller' that is required to comply with data protection schemes.
For its part, Google has levied the argument that as a business is located within the United States, the EU's Data Protection Directive ought not apply in this or like cases. It noted that the fact it has a Spanish subsidiary is not relevant to the case due to the business being only responsible for selling advertising on Google.
Under the current form of EUDP laws, organizations are allowed to only collect and store personal data for 'necessary and proportionate' purposes. Individuals have the "right to obtain, at his request ... the rectification, erasure or blocking of data which are incomplete, inaccurate or stored in a way incompatible with the legitimate purposes pursued" by organizations that hold their personal data.
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