In the Aftermath of Google Spain: How the ‘Right to Be Forgotten’ is Being Shaped in Spain by Courts and the Data Protection Authority

International Journal of Law and Information Technology. Vol. 23(4), pp 325-347

Posted: 4 Oct 2015 Last revised: 23 Nov 2016

See all articles by Miquel Peguera

Miquel Peguera

Universitat Oberta de Catalunya (UOC); Stanford University - Stanford Law School Center for Internet and Society

Date Written: July 1, 2015

Abstract

This article examines how the so-called ‘right to be forgotten’ is being applied in Spain after the CJEU landmark ruling in the Google Spain case. As of July 2015, a rich body of case law is already available, with more than 200 decisions issued by the Data Protection Authority in cases lodged after Google Spain, and over 70 court rulings handed down by the Audiencia Nacional and other courts. That case law illustrates how the scope and limits of this right are being defined in practice; how the different groups of cases are being dealt with; and how courts and the Data Protection Authority — sometimes with conflicting approaches — are facing the problem of finding an appropriate balance in the difficult cases.

Keywords: right to be forgotten, data protection, Google Spain, search engines

Suggested Citation

Peguera, Miquel, In the Aftermath of Google Spain: How the ‘Right to Be Forgotten’ is Being Shaped in Spain by Courts and the Data Protection Authority (July 1, 2015). International Journal of Law and Information Technology. Vol. 23(4), pp 325-347, Available at SSRN: https://ssrn.com/abstract=2669081

Miquel Peguera (Contact Author)

Universitat Oberta de Catalunya (UOC) ( email )

Tibidabo Av. 39-43
Barcelona, 08035
Spain

Stanford University - Stanford Law School Center for Internet and Society

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

HOME PAGE: http://cyberlaw.stanford.edu/about/people/miquel-peguera

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