ECJ on search engines and the right to be forgotten (in a way) - C131/12

Today, 13 May 2014, the European Court of Justice has pronounced an arrest in a case in which a Spanish citizen demanded Google (USA) and Google Spain to stop the publication of links to two newspaper articles as results of a google search on his name.

The official reference to the case is C-131/12. It can be found on the website of the ECJ as well as a press release (pdf).

First of all the ECJ had to apply the rules on the scope of the EU Personal Data Protection Directive (Directive 1995/46).

1. Is a search engine processing data? Yes (nr. 28-31)
2. Is a search engine processing personal data? Yes, even if it also processes other data (nr. 27).
3. Is the operator of a search engine a controller? Yes (nr. 33 + 41), as the case may be jointly with the publisher of the data (nr. 40), as he may set up technical barriers to block being shown in search results.
4. Is the EU law applicable? Is there a territorial link? Yes (nr. 59), a.o. as Google Spain, although a separate legal body, is to be considered an establishment of Google (USA) as it gathers advertisers to be placed next to the search results (nr. 55-57).

Then the ECJ had to look at the rights of the data subject in relation to the search engine operator:

1. Can a data subject exercise the rights (s)he is granted in the law vis-à-vis the search engine operator? Yes, as the search engine operator is a controller (nr. 83).
2. Shouldn't the data subject first and foremost address the publisher of the data? No, it can be that that requirement would undermine the protection by the law (nr. 84) and/or that the publisher can defend the publication (nr. 85-86).
3. Is there such a right as a "right to be forgotten" even if it is not explicitly mentioned in the Directive, but by mere interpretation of the "right to block" or the "right to object to processing"? In a way, yes (nr. 94-96), but that right is to be balanced against other rights of the general public nr. (97-99) e.g. should the data subject be in the public life like politics or so.

This obviously is a very short summary of the court's decision. I hope you are interested in reading the entire text.