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''Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González '' (2014) is a decision by the Court of Justice of the European Union (CJEU). It held that an internet search engine operator is responsible for the processing that it carries out of personal information which appears on web pages published by third parties.〔(【引用サイトリンク】url=http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-05/cp140070en.pdf )〕 The outcome of the ruling is that an internet search engine must consider requests from individuals to remove links to freely accessible web pages resulting from a search on their name. Grounds for removal include cases where the search result(s) "appear to be inadequate, irrelevant or no longer relevant or excessive in the light of the time that had elapsed."〔 If the search engine rejects the request, the individual may ask relevant authorities to consider the case. Under certain conditions, the search engine may be ordered to remove the links from search results. The decision confirms a so-called ''right to be forgotten'' mooted in the proposed General Data Protection Regulation, due to take effect in late 2014, although the Court did not explicitly grant such a right, depending instead on the data subject's rights deriving from Article 7 (respect for private and family life) and Article 8 (protection of personal data) of the Charter of Fundamental Rights of the European Union. This view of internet privacy, the so-called "European view" championing the human rights of the subject, differs sharply from the "American view" championing free speech. ==Facts== In 1998 the Spanish newspaper ''La Vanguardia'' published two announcements in its printed edition regarding the forced sale of properties arising from social security debts. The announcements were published on the order of the Spanish Ministry of Labour and Social Affairs and their purpose was to attract as many bidders as possible. A version of the edition was later made available on the web.〔The announcements in question: (in Catalan), accessed 16 May 2014. Translation: "Property auctions....the two undivided halves of a house at 8 Montseny St., owned by Mario Costeja González and Alicia Vargas Cots....."〕〔 One of the properties described in the newspaper announcements belonged to Mario Costeja González, who was named in the announcements. In November 2009, Costeja contacted the newspaper to complain that when his name was entered in the Google search engine it led to the announcements. He asked that the data relating to him be removed, arguing that the forced sale had been concluded years before and was no longer relevant. The newspaper replied that erasing his data was not appropriate since the publication had been on the order of the Spanish Ministry of Labour and Social Affairs.〔 Costeja then contacted Google Spain in February 2010, asking that the links to the announcements be removed. Google Spain forwarded the request to Google Inc., whose registered office is in California, United States, taking the view that this latter was the responsible body. Costeja subsequently lodged a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos, AEPD) asking both that the newspaper be required to remove the data and that Google Spain or Google Inc. be required to remove the links to the data. On 30 July 2010, the Director of APED rejected the complaint against the newspaper but upheld the complaint against Google Spain and Google Inc., calling on them to remove the links complained of and make access to the data impossible.〔 Google Spain and Google Inc. subsequently brought separate actions against the decision before the Audiencia Nacional (National High Court of Spain). Their appeal was based on: # Google Inc. was not within the scope of the EU Directive 95/46/EC (''Data Protection Directive'') and its subsidiary Google Spain was not responsible for the search engine # there was no processing of personal data within the search function # even were there processing, neither Google Inc. nor Google Spain could be regarded as a data controller # in any event, the data subject (Costeja) did not have the right to erasure of lawfully published material The Audiencia Nacional joined the actions and stayed the proceedings pending a preliminary ruling from the CJEU on a number of questions regarding the interpretation of the ''Data Protection Directive''. These questions fell into three groups. In essence they concerned:〔〔〔〔 # the territorial scope of the Directive # the legal position of an internet search engine service provider under the Directive, especially in terms of the Directive's material scope and as to whether the search engine could be regarded as a data controller # whether the Directive establishes a so-called ''right to be forgotten'' All of these questions, also raising important points of fundamental rights protection, were new to the Court. Because new points of law were involved, the opinion of an Advocate General was sought by the Court.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Google Spain v AEPD and Mario Costeja González」の詳細全文を読む スポンサード リンク
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