The Spanish Audiencia Nacional refers a complaint against Google to European Court of Justice.

The original case was decided by Spanish Data Protection Authority in 2010 and concerned a claim based on the right to be forgotten with regard to some information appeared on a Spanish newspaper and made searchable on line by Google. The DPA issued a resolution against Google Spain SL and Google Inc “urging the agency to take steps to remove its index data and precludes future access to the same”. This decision has been appealed by Google Inc and Google Spain. During the following process, the court has raised some prejudicial questions to European Court of Justice regarding these topics:

– the application of national law on data protection to a non-EU company providing search engine services;

– the role assumed by these non-EU companies in data processing

– the protection of the right to be forgotten.

Here the decision.

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