The Right to Obscurity: Implementing the Google-Spain Decision




Grande Halle, Les Halles de Schaerbeek

Rue Royale-Sainte-Marie 22, 1030 Schaerbeek, Brussels

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On May 13, 2014, the Court of Justice of the European Union (“CJEU”) announced its judgment in Google Spain SL, Google Inc. v. Agencia Espanola de Proteccion de Datos, Mario Consteja González. The decision required Google to delist certain internet search results when a search query was made using an individual’s name. While the decision in the Google Spain case was met with significant controversy, the determination of the court stands, and Internet search companies are required to comply with its requirements. This CPDP session will bring together experts from a variety of jurisdictions to discuss the decision and how the criteria of the court is implemented.

  • Does the CJEU establish a “right to be forgotten” as the decision is often characterized? Or do individuals now enjoy a “right to obscurity”?
  • How are companies carrying out the court’s requirements?
  • How can the court’s requirements be met in a way that is predictable and consistent with clear, actionable criteria?
  • How can we best serve individuals and minimize the burden on companies tasked with arriving at decisions about delisting?