Google (Dereferencement d'un contenu pretendument inexact) (Protection of personal data - Request for de-referencing of allegedly false information and removal of preview images (thumbnails) - Opinion) [2022] EUECJ C-460/20_O (07 April 2022)

Google (Dereferencement d'un contenu pretendument inexact) (Protection of personal data - Request for de-referencing of allegedly false information and removal of preview images (thumbnails) - Opinion) [2022] EUECJ C-460/20_O (07 April 2022)

Article 17(3)(a) GDPR does not permit the search engine operator to rely conclusively on the possibility of legal protection against the content provider as the sole criterion for dereferencing requests based on allegedly false information. The data subject must provide prima facie evidence of falsity, and the...

Source-derived case information.

Citation
[2022] EUECJ C-460/20_O
Parties
Applicant: TU; Applicant: RE; Respondent: Google LLC
Jurisdiction
European Union
Judgment Date
07 April 2022
Procedural Posture
Preliminary Ruling / Opinion of Advocate General
Outcome
Opinion delivered; guidance provided for preliminary ruling
Legal Topics
Dereferencing, Accuracy of Personal Data, Freedom of Expression, Right to Be Forgotten, Balancing Fundamental Rights
Data Protection Privacy Law EU Law Dereferencing Accuracy of Personal Data Freedom of Expression Right to Be Forgotten Balancing Fundamental Rights

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

TU

Applicant

RE

Applicant

Google LLC

Respondent

Procedural Posture

Preliminary Ruling / Opinion of Advocate General

Legal Issues

  1. 1 Whether Article 17(3)(a) GDPR allows a search engine operator to rely solely on the possibility of legal protection against a content provider when assessing a dereferencing request based on allegedly false information
  2. 2 Whether the context of original publication must be considered when removing preview images (thumbnails) from search results

Ratio Decidendi

Article 17(3)(a) GDPR does not permit the search engine operator to rely conclusively on the possibility of legal protection against the content provider as the sole criterion for dereferencing requests based on allegedly false information. The data subject must provide prima facie evidence of falsity, and the operator must conduct checks within its capabilities, including contacting the publisher. Temporary suspension or indication of contested truth may be appropriate to avoid irreparable harm. The context of original publication must be considered when assessing removal of thumbnails.

Court Disposition

Opinion delivered; guidance provided for preliminary ruling