# Google LLC, venant aux droits de Google Inc. v Commission nationale de l’informatique et des libertés (CNIL)

- Type: Case Law
- Source: CJEU
- Date: 2019-09-24
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0507
- Canonical: https://overview.legal/posts/5947
- Topics: Personal Data, Public Sector, Supervisory Authorities, Supervision

## Summary

National data protection authorities: Although EU law does not currently require that the de-referencing granted concern all versions of the search engine in question, but “it also does not prohibit such a practice”. The CNIL and the french courts are competent to weigh up, “in the light of national standards of protection of fundamental rights whether a data subject’s right to privacy and the protection of personal data concerning him or her, on the one hand, and the right to freedom of informa

## Sections (6)

### ¶70

In addition, it is for the search engine operator to take, if necessary, sufficiently effective measures to ensure the effective protection of the data subject’s fundamental rights. Those measures must themselves meet all the legal requirements and have the effect of preventing or, at the very least, seriously discouraging internet users in the Member States from gaining access to the links in question using a search conducted on the basis of that data subject’s name (see, by analogy, judgments of

> Topics: Personal Data

### ¶71

It is for the referring court to ascertain whether, also having regard to the recent changes made to its search engine as set out in paragraph 42 above, the measures adopted or proposed by Google meet those requirements.

### ¶72

Lastly, it should be emphasised that, while, as noted in paragraph 64 above, EU law does not currently require that the de-referencing granted concern all versions of the search engine in question, it also does not prohibit such a practice. Accordingly, a supervisory or judicial authority of a Member State remains competent to weigh up, in the light of national standards of protection of fundamental rights (see, to that effect, judgments of

### ¶15

Article 4(23) of that regulation defines the concept of ‘cross-border processing’ as follows: ‘(a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or (b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State’.

> Topics: Processors, Personal Data, Processing, Controllers · Applies: gdpr-art-4-par-23-en

### ¶26

Article 66 of that regulation, entitled ‘Urgency procedure’, provides, in paragraph 1 thereof: ‘In exceptional circumstances, where a supervisory authority concerned considers that there is an urgent need to act in order to protect the rights and freedoms of data subjects, it may, by way of derogation from the consistency mechanism referred to in Articles 63, 64 and 65 or the procedure referred to in Article 60, immediately adopt provisional measures intended to produce legal effects on its own territory with a specified period of validity which shall not exceed three months. The supervisory authority shall, without delay, communicate those measures and the reasons for adopting them to the other supervisory authorities concerned, to the Board and to the Commission.’

> Topics: Supervisory Authorities, Supervision · Applies: gdpr-art-60-en, gdpr-art-66-en

### ¶27

Article 85 of Regulation 2016/679, entitled ‘Processing and freedom of expression and information’, states: ‘1. Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression.

> Topics: Personal Data · Applies: gdpr-art-85-en

## Cited law provisions (4)

### GDPR — gdpr-art-85-en

Processing and freedom of expression and information

### GDPR — gdpr-art-4-par-23-en

‘cross-border processing’ means either:

### GDPR — gdpr-art-60-en

Cooperation between the lead supervisory authority and the other supervisory authorities concerned

### GDPR — gdpr-art-66-en

Urgency procedure

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