News News Flash - European Data Protection Board guidelines on the right to be forgotten 30/07/2020

Following the Costeja judgment of 13 May 2014, the Court of Justice of the European Union ("CJEU"), created - at the date still under the Directive's aegis -, a new right that enshrines the possibility for the data subject to ask the supplier of an online search engine, the elimination of one or more links from web pages from the displayed results list, after a search made based on his name, a right that became known as “Right to be forgotten ”.

The CJEU considered that the fundamental rights to privacy and data protection prevail, in principle, not only over the economic interest of the search engine operator but also over the interest of that public in accessing information in a search on the name of that person.

With the publication of the GDPR the right to be forgotten is enshrined in article 17.

The Committee published guidelines with a view to interpreting the right to be forgotten, specifically in cases of requests made to search engines.

The Committee also enumerates, taking into account the provisions of the GDPR, the grounds that allow the data subject to exercise this right.

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