On November 10, 2021, the European General Court (Court) issued its judgment in Case T-612/17 Google and Alphabet v Commission (Google Shopping). The fine arose out of complaints made against Google to CNIL by privacy activists immediately after the GDPR came into force in May 2018. Publication Date. However, Member States have different standards of weighing the public interest in access to information against the right to privacy and it is up to them to reconcile these differences. Conseil d'Etat, request for a preliminary ruling, n. 399922. [16] Second, despite conceding that there is no current obligation under EU law to carry out de-referencing globally, the Court pointed out the justified existence of a competence on the part of the EU legislature to lay down the obligation if it chooses to do so. In its analysis, the Court considered the 1995 Data Protection Directive and the General Data Protection Regulation (GDPR) which entered into force on 25 May 2018 repealing the Directive. Google v CNIL is a long-awaited clarification of, at the very least, the geographical boundaries of the right to be forgotten. Decision Overview. Summary: Right to be forgotten - territorial scope of de-referencing request - no requirement for global delisting - use of geo-blocking Facts CNIL served formal notice requiring that when Google grants a de-referencing request by a natural person it delists the relevant results from all of Google's domain name extensions. (Volker und Markus Schecke and Eifert, C92/09 and C93/09, EU:C:2010:662 and Opinion 1/15 EU-Canada PNR Agreement of 26July 2017, EU:C:2017:592) The Court added that the balance between the right to privacy and freedom of information likely varied significantly around the world. The case drew much commentary- see Harvard's Law Blog, Monckton Chambers and The European Law Blog. Contents 1 English Summary 1.1 Facts 1.2 Holding 1.2.1 Processing operation and Controllership 1.2.2 Personal Data 1.2.3 Unlawful Data Transfers 2 Comment After adecade of skirmishes in the trials and appeal courts, finally on 5 April 2021, the long battle ended when the Supreme Court of the United States of America in a ratio of 6:2 ruled in favour of Google . The Court recalled that according to the Google Spain judgments interpretation of articles 12(b) and 14(1)(a) of Directive 95/46, when information about a data subject was no longer relevant or outdated, s/he could request a search engine operator to de-reference his/her name from from links to web pages containing information relating to the data subject. Significance: More than Just a Territorial Limit on the Right to be Forgotten. What is clear, however, is that the impact of the decision will likely be as important and influential, if not more so, than the decision itself. The French DPA held that a French online respondent violated Chapter V of the GDPR by using Google Analytics, which led to unlawful transfers of personal data to Google LLC in the U.S. In the second, GC, AF, BH, and ED v Commission nationale de l'nformatique et . In response, Google in 2016 introduced a geo-blocking feature that de-referenced, or de-linked, results on European Google domains only. [15] These statements imply that the right can only truly be protected through global de-referencing owing to the internets borderless nature. As a consequence, Google was found liable to comply with requests for erasure under EU data protection law. On September 24, 2019, the Court of Justice of the European Union (the Court) held that the right to be forgotten does not require a search engine to de-list search results on all of its domains. EU law shall be interpreted in a way that allows its effectiveness. The ruling left the referring court, the Conseil dtat (the Conseil), to apply the Courts holding to Googles practices in France. Beyond the context of search engines, any company which the EU or its Member State DPAs and courts regards as providing services that carry out a single act of personal data processing could potentially be deemed subject to GDPRs jurisdiction. CNIL vs. Google: 10 lessons from the largest data protection fine ever issued, First CCPA Enforcement Action Shows Accepting User-Enabled Global Privacy Controls Is Mandatory, New Utah Privacy Law Largely Overlaps with Existing State Statutes, Starting at the Beginning: California Privacy Protection Agency Board Meets for the First Time. The Reporters Committee, on behalf of a coalition of 24 media organizations, filed a Statement in the Court of Justice of the European Union, which is considering a request for a preliminary ruling lodged by the French high court in Google v. CNIL. Deciding Body. Abstract: This Insight provides a critical analysis of the judgment of 24 September 2019, Google Inc. v. Commission nationale de l'informatique et des liberts (CNIL), case C-507/17, which clarified the territorial scope of the right to be forgotten under current EU law by holding that it only applies within EU borders. However, while Google and proponents of the freedom of expression and access to information have claimed this case as an ostensible win, a closer analysis of the Courts decision shows a more nuanced approach which leads to a different conclusion. Media. All Rights Reserved. It remains to be seen what this decision means to the development of a harmonized international data protection law. The judgment has received substantial media coverage (see, e.g., here and here), but press reports have paid little . Audio Files; Photo Files. When searches are conducted from google.com, Google usually redirects that search to the domain name corresponding to the State where the search was initiated. The ECJ decision on the RTBFs territorial scope is eagerly awaited. Google argued that this right does not require the de-refencing of links without geographical limitations and from all its search engines domain names. Google proposed a geo-blocking technique that would prevent a user in an EU Member State from accessing links de-listed in the EU. [7] The uncertainty of its scope prompted Frances Conseil dtat to seek clarifications from the CJEU in Case C-507/17. On 11 September 2018, the European Court of Justice (ECJ) heard arguments in Google, Inc. v CNIL, a case that concerns the territorial scope of European data protection law. As regulators across the globe are changing their approach towards online regulation from a stance of non-interference to increasing constraints, the question of how the internet can remain a world wide web of information looms large. While the CJEUs decision provided clarity on the scope of the right under EU law, it also left areas of uncertainty. In contrast to the . Content Type. In its landmark ruling in Case C-507/17 Google v CNIL, the Court of Justice held that there is no obligation under EU law[1] for Google to apply the European right to be forgotten globally. Our posts are short comments on judgments and legislation and are intended for anyone who wishes to stay informed on EU law. Repairing the EU Passenger Name Record Directive: the ECJs judgment in Ligue des droits humains (Case C-817/19), The Need for Employee-specific Data Protection Law: Potential Lessons from Germany for the EU. She holds the CIPP/E certification as a Certified Information Privacy Professional from the International Association of Privacy Professionals (IAPP). The Supreme Court reversed and remanded, 39 39. The GDPR gave DPAs enormous fining powers organizations can be fined up to 4% of annual worldwide turnover or 20 million euros (whichever is greater) for violations of the GDPR. 62017CJ0507 (Sept. 24, 2019). 19 July 2017. To solve this, the Court provided that various national supervisory authorities concerned must cooperate to reach a consensus and a single decision which is binding on all those authorities. While the Court found EU law does not require de-listing on all of a search engine's domains, it left open the possibility for Member States to order global removal. In all those instances, the CNIL expressly requested that the delisting . In its ruling, the Court also emphasized the goal to provide a high level of protection of personal data throughout the EU. The first, Google v CNIL, tacked the territorial scope of the right. The right to be forgotten ends at the borders of the EU In its decision of 10 March 2016 the CNIL had imposed a fine of 100,000 on Google Inc. because of the latter's refusal, when granting a de-referencing request, to apply it to all its search engine's worldwide domain name extensions. In these cases, CNIL looked into the validity of consent collected from mobile app users for the collection and processing of their geolocation data for ad-targeting processes. On the 24 September 2019, the Grand Chamber of the Court of Justice (hereafter: ECJ) released its judgment in the second of two cases in as many weeks concerning the 'Right to be forgotten'. In Google LLC v. CNIL, the Court of Justice of the European Union (CJEU or Court) held that the EU law only requires valid "right to be forgotten" "de-referencing" requests to be carried out. Notably, national DPAs tasked with monitoring the application of the Directive within their territories and national courts have faced serious difficulties in interpretation. Where the search is conducted from google.com, Google automatically redirects that search to the domain name corresponding to the State where the search is made. The Court first established that Google fell within the territorial scope of the DPD and the GDPR, given its activities in French territories. This case centered on whether the search engine Google hadstolen the Java software code for operating its popular Android mobile phone. . We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients needs. Although the Court ruled against an extraterritorial application of the right, the . This decision comes at a critical time when the EUs new legal framework in data privacy, the GDPR, has just taken effect. The Court opined that various concerned national supervisory authorities must cooperate to ensure compliance with processing activities and the existing regulatory framework allows for such reconciliation. By continuing to use this website, you agree to the use of these cookies. Judgment of the Court (Grand Chamber) of 24 September 2019. Besides these controversial examples of (attempts of) regulating the flow of data online, Google v CNIL underlines the practical difficulties in doing so. These facts underline that Googles actions determine the reach of EU fundamental rights. After outlining the relevant legal provision, the Court turned to the question at the heart of the case. It is also worth noting that there are other uncertainties concerning the RTBF, including the precise meaning of erasure, which is not defined in EU data protection law. The case originated in France after the French Data Protection Authority (CNIL) fined Google LLC for failing to globally de-reference information concerning a data subject. The ECJs obligation to choose the winning argument is no easy feat, especially since both positions are based on distinct perspectives. it made a "de-referencing" request. Jurisdiction in CFSP Matters Conquering the Gallic Village One Case at a Time? In response to hundreds of individual complaints, the CNIL requested Google to delist search results in multiple occasions. EU Data Protection Law: A floor, not a ceiling. Whereas the CNIL claims that global enforcement is the only way data subject rights can be upheld, Google counters that this would put it at danger of breaching laws in other jurisdictions and set a dangerous precedent, also allowing other jurisdictions to extent the application of their own rules abroad. Google also proposed to geo-block search results, whereby internet users would be prevented from accessing the results at issue from IP addresses in the State of residence of the data subject after conducting a search on the basis of that data subjects name. The Court began by reviewing rights of data subjects under the EU Directive 95/46 as well as under Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. In principle the obligation must be carried out in all Member States and on applicable search engine versions. We use cookies to enhance your experience of our website. Summary: Advocate General Szpunar proposes that the Court should limit the scope of the dereferencing that search engine operators are required to carry out to the EU. This would properly result in the extraterritorial application of the GDPR. 62017CJ0507 (Sept. 24, 2019). Google refused to comply and continued to limit its de-referencing of links only on search results conducted in the versions of its search engines with domain extensions within the EU and EFTA[8] and used geo-blocking, a measure which prevents the links from showing in searches made in France regardless of the version used. Historical evidence amply confirms that when technology changes, law changes too. The Court thus concluded that under EU law there is no obligation for a search engine operator ordered to implement a de-referencing to carry it out on all version of its search engine. It also has a huge economic impact. In short, the ECJ held that the operator of a search engine is not required to carry out de-referencing on all domain extensions of its search engine when dealing with a RTBF request. The Court did not rule that Google could never be obliged to carry out a de-referencing order globally, but it was up to a court to decide when this was appropriate. Google appealed to the Conseil for an annulment of CNIL's adjudication. The European Law Blog aims to highlight, and comment on, current developments in EU case law and legislation. Here, the Courts assertions indicate its efforts to preserve the option for Member States to globally apply the right to be forgotten by allowing the adoption of more protective national laws, effectively creating a floor for privacy and data protection regulation. Google also argued that CNIL disregarded the principles of courtesy and non-interference recognized by public international law and disproportionately infringed the freedoms of expression, information, communication and the press guaranteed, in particular, by Article11 of the European Charter [of Fundamental Rights].. Appeals to public authorities are possible, but rare. Alice is an associate in the firms Business and Securities Litigation department. Here is a case summary of the recent case before the Court of Justice of the EU C-507/17 Google v. CNIL. The CNIL ordered an unidentified French website manager to bring its processing into compliance with the GDPR within one month and stop using the service under current conditions, if necessary. Naturally, the regulation of online information raises a range of societal and moral questions. Google refused, and limited removal only to the EU Member States. [17] Third, the Court stressed that while EU law, as it stands, does not require global de-referencing, it also does not prohibit the practice of requiring operators to grant de-referencing requests in all versions of its search engine. The Court noted that Directive 95/46 and Regulation 2016/679 did not specify if the implementation of a de-referencing order should go beyond the EU borders. Google.com). Attribute Columbia Global Freedom of Expression as the source. On 16 March 2020, the CNIL conducted an online investigation on the website google.fr and found that when a user visited this website, cookies were automatically placed on his or her computer, without any action required on his or her part. and content. Breaches of the French Data Protection Act Must a search engine operator deploy de-referencing on all versions of its search engine, so that the links at issue do not appear irrespective of the place where the search is initiated, even if it comes from outside the European Union? But CNIL took the lead in this investigation, even though Google has its EU headquarters in Ireland because the complaints were made against Google LLC (the American entity) in France. The Court explained that EU law establishing and regulating the right to be de-referenced (right to be forgotten) was silent about the geographic scope of de-referencing orders. Justice Breyer was joined by Chief Justice Roberts and Justices Sotomayor, Kagan, Gorsuch and Kavanaugh. List of documents. That is to say that the information doesnt disappear from Google search and can still be found where alternative keywords are used. The importance of this decision also lies in the fact that it has been viewed as a test of whether the EU can extend its data protection and privacy standards beyond its territory. Indeed, where results are merely delisted from EU domains, the information can still be accessed through other domains or by using circumvention methods such as a virtual private network (VPN). 24 September 2019. On the other hand, as Joseph Steinburg argues in Inc., the right to be forgotten prevents people from being perpetually stigmatized or punished for long-ago, minor infractions that are not representative of their whole person. Mixed Outcome. The Irish DPA did not have decision-making powers with respect to the offending services. The plaintiffs (Swami Ramdev & Patanjali Ayurveda Ltd.), filed the case before the Delhi High Court against the alleged defamatory content circulated via social media platforms such as Facebook Inc, Google Inc, You Tube LLC, Google Plus, Twitter International Company, by Ashok Kumar ('John Does') who are the defendants. As many other national data protection authorities in Europe, the CNIL supervises the application of the Costeja judgment in case of refusal by the search engines to carry out the requested delisting. In November 2018 we reported the decision of the English High Court in the case of Lloyd v Google [2018] EWHC 2599 (QB). As media attention focussed on the constitutional implications of this landmark judgment, you might be forgiven for not noticing another very important legal judgment delivered by the Court of Justice of the European Union (CJEU) in (Google LLC v CNIL (Case C-507/17). However, regardless of the location, the internet user can still search using the search engines other domain names. Abstract. v. Paxton: 5th Circuit Sets Up Supreme Court Battle Over Content Moderation Authority of Social Media Giants, American Data Privacy and Protection Act: Latest, Closest, yet Still Fragile Attempt Toward Comprehensive Federal Privacy Legislation. C507/17, Google LLC v. CNIL, 2019 EUR-Lex CELEX No. Both parties have a point. C-507/17 - Google (Territorial scope of de-referencing) [Case closed] Main proceedings. Second, if the first question is answered negatively, whether the RTBF must only be implemented in relation to the domain name of the Member State from which the search is deemed to have been operated or, third, whether this must be done in relation to the domain names corresponding to all Member States. Google argued that CNIL misinterpreted the 1978 law, which was supplemented by Directive 95/46 of the European Parliament and of the Council of 24October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. It is worth noting that this only happens where a search is operated in relation to the data subjects name. First, by holding that Google must be regarded as carrying out a single act of personal data processing, the Court subjects Googles data processing on all of its domains under the jurisdiction of the GDPR.

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