Internet Search Engines Are Liable for Processing Personal Data, Says the ECJ

Earlier today, the European Court of Justice released its long-awaited decision in Google Spain. The ECJ ruled that "an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties.” Thus, under certain circumstances, search engines can be asked to remove links to webpages containing personal data.

 

The principle stated by the ECJ  redefines the digital conundrum at the intersection of data protection law, freedom of expression and intermediary liability by further expanding liabilities of intermediaries. The case will affect privacy/reputation-motivated takedown requests directed towards intermediaries. We will provide you with additional coverage of this case in the next few days. Meanwhile, the Press Release is available here and the actual judgment is published here.