Data Protection

The first Judgment that applies the criteria to recognize the "right to be forgotten"

The first Judgment that applies the criteria to recognize the

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On December 29, 2014, the Administrative Litigation Chamber of the National Court issued a judgment applying the European doctrine on the so-called “right to be forgotten”.

The criteria are as follows:

a) Whoever exercises the right to object must indicate Before the person responsible for data processing or before the Spanish Agency for Data Protection:

  • that the search has been carried out from your name as a natural person.

  • indicate the results or links obtained through the search engine.

  • the content of that information that affects you and that constitutes a treatment of your personal data that is accessed through said links.

b) from that moment, the protection of the right of opposition of individuals will require an adequate weighting of the rights in conflict to establish whether the right to data protection should prevail over other rights and legitimate interests, in attention to the "specific personal and particular situation of the owner".

c) the cancellation of these data will be justified when the circumstances of each specific case so determine, "either by the nature of the information, its sensitive character for private life of the affected, by the no need for data in relation to the purposes for which they were collected or by the time elapsed, among other".

Despite the fact that 17 other judgments have already been issued, this was the first to be published. Of all the resolutions issued so far, 13 of them have dismissed the appeals filed by Google. (Photo: Pixabay)

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