Google Spain v. Gonz\'ales: Did the Court forget about freedom of expression?

TL;DR

The paper analyzes the Google Spain v. Gonze1lez case, discussing its implications on privacy rights versus freedom of expression in the context of search engine results and data protection laws.

Contribution

It examines the legal reasoning and impact of the CJEU ruling on balancing privacy rights with freedom of expression in the digital age.

Findings

The ruling establishes individuals' right to delist search results under certain conditions.

It highlights the tension between data protection and freedom of information.

The case sets a precedent for privacy rights in search engine practices.

Abstract

When reviewing a job application letter, going on a first date, or considering doing business with someone, the first thing many people do is entering the person's name in a search engine. A search engine can point searchers to information that would otherwise have remained obscure. If somebody searched for the name of Spanish lawyer Mario Costeja Gonz\'alez, Google showed search results that included a link to a 1998 newspaper announcement implying he had financial troubles at the time. Gonz\'alez wanted Google to stop showing those links and started a procedure in Spain. After some legal wrangling, the Spanish Audiencia Nacional (National High Court) asked the Court of Justice of the European Union (CJEU) for advice on the application of the Data Protection Directive, which led to the controversial judgment in Google Spain. In its judgment, the CJEU holds that people, under certain conditions, have the right to have search results for their name delisted. This right can also extend to lawfully published information.