JUser: :_load: Unable to load user with ID: 162


Facebook SF Abogados Twitter SF Abogados Linkedin SF Abogados


Friday, 05 September 2014 10:41

Google first sanction not to apply oblivion

France was the first country to give a slap on Google for failing to properly implement the right to cancel data, according imposed last May, the Court of Justice of the European Union (CJEU). In what is now the first sentence of the right to oblivion against technology in Europe, a French court just force the Internet giant to implement this right on all links of all extensions. And not just to particular.

Last September, the Court of the Paris Chamber sentenced Google France to remove certain links to defamatory articles, based on the jurisprudence of the ECJ. After the company was limited to apply only to the judicial decision .fr termination for the Gallic country, the same organ has now declared that this measure is insufficient forcing Google to extend it to the rest of the world, besides having to pay a penalty for each day of delay and compensation to victims.

"You can not protect a person against some IP addresses certain. That's absurd," As he explained to Teknautas Cristina Sirera, an expert on data protection law firm Elzabura, "judges are beginning to understand what the Internet. in this case in fact, a case that damages the honor have understood that it harms not only in France but throughout the world. Anyone who seeks will find it in another country. "

"The French court said that the right to oblivion must apply to all extensions. That is, all over the world. In this particular case Google applied it only in France but that is absurd because if you connect from Google Spain, Russia or China can find the data. You can not protect a person against a certain IP addresses, "added Pablo Fernández Burgueño, Abanlex attorney's office.

The latter Madrid law firm who defeated against all odds to Google getting the ECJ recognizes the right to oblivion, he has recognized this newspaper that Google only removed data from your client Mario Costeja in domains with European expansion, and has announced that it will do possible for this to be extended to the rest of the world. "We are awaiting the National Court follow the procedure. As do the fight for it is accomplished entirely the sentence not only for European citizens, but for the general public," said Burgess.


European legislation does not clearly specify the scope of the right to be forgotten, which has left the door open to this kind of interpretation that can give you more of a headache to Google.

Directive data protection EU Article 1 explains that: "Member States shall ensure, in accordance with the provisions of this Directive, the protection of freedoms and fundamental rights of individuals and in particular , the right to privacy with regard to the processing of personal data ".

But also own judgment of the ECJ says in its ultimate conclusion and paragraphs 97 and 99 of the same individuals who exercise their right to oblivion on a bound by the rules of the European Union responsible, "may request the information in question no longer available to the general public through its inclusion in such a list ". Alluding, once again, to all users. Not only those related to a specific area.

The judgment of the French court has not been the only warning that Google has received these days. The, which it is made by authorities Data Protection of all Member States, Article 29 Working Party (WP 29) has written to Larry Page reminding you to fulfill the obligation to carry out the right to cancellation data.

So far, several agencies of European data protection have already fined Google for having breached the rules of privacy. Although some critics have complained technology that the amount of these sanctions is small compared to the income earned.

Google currently is carrying out several consultations in various European capitals to discuss the balance between privacy and freedom of information.

Digital Newspaper El Confidencial