Article 17 of the GDPR enshrines the right of citizens to the erasure of their personal data under certain conditions. But in practice, this right can be difficult to enforce, as it is not unconditional.
Asked about this by two leaders of a group of investment companies, Google refused to grant their request for removal of the content. The case could have ended there, but the two plaintiffs ultimately prevailed, arguing that articles mentioning them contained “inaccurate allegations”.
Seized on the case, the German Federal Court of Justice turned to the Court of Justice of the European Union (CJEU), which recognized, in this case, that the right to erasure did indeed apply. Well, no offense to the search engine.
The right to erasure, a right subject to conditions
In a judgment published on Thursday, December 8, the CJEU returned to the foundations of the GDPR, which governs in particular the right to erasure.
If the protection of privacy prevails as a general rule, the European Court of Justice recalled that it really depends on the “relevant circumstances of each case”, and in particular on the “nature of this information and its sensitivity for privacy of the data subject as well as the interest of the public in having said information”.
Also, the CJEU explains that “the right to freedom of expression and information cannot be taken into account when, at the very least, part of the information contained in the referenced content which is not of minor importance prove to be inaccurate”.
However, the applicant for delisting must be able to prove the inaccuracy of the information published to win the case.
The request for delisting must therefore be accompanied by relevant evidence capable of establishing the inaccuracy of the information to which the dispute relates.