Yesterday they were the media and the Internet rather mixed with the news that Google go to the High Court to avoid having to remove search results, both for the story itself, for the clarifications Director of English Agency for Data Protection (AEPD) . For time, the AEPD and Google have had an intense relationship, how could it be otherwise, a relationship that, while not going through its best time, you have to finish because I think we are doomed to be understood . The fact is that we face the common problem of an individual wants Google to stop providing, among its findings, a link to information about him that is detrimental for any reason.
Although there have been any exception (what would the AEPD no exceptions to its usual doctrine?), Usually estimated requests for protection of rights of those affected (as in this case and this ), so that the AEPD believes that Google has to address the right of opposition from those affected and remove from your data for these results. And the news (it's not news, in the sense that there is nothing that was unknown until now) is that Google uses the AEPD resolutions before the Board before the Contentious-Administrative Court.
In line with this, I should clarify and comment on several points:
- The AEPD is directed to Google Spain, SL, an entity that is not operated by the finder. There is only going to Google Terms of Service to see that the entity holding the seeker is "Google Inc., a company established in 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA." Come on, Google is an American form, surprise surprise.
- The AEPD not ignored (as it can not be otherwise) that website owners can opt out of the search, using robots.txt files . Even the AEPD has called in a procedure the web hosting personal data to arbitrate "Necessary measures to prevent the indexing of data [...] and prevent their being susceptible to recruitment by Internet search engines" .
- AEPD The criterion is based on that there are occasions in which the owner of the website that hosts the information is prevented by law to cease the processing of data (eg, an official) impairment that does not occur in the case of search, that " must take steps not only to cease the processing of information, but also to prevent future access to it through of their service. " He explains the Agency's Statement on Internet search engines.
- The AEPD has the important backing of the Working Group Article 29 (a consultative body European Union Data Protection), which, in its "Opinion on data protection issues related to search engines" , estimated e n relation to deletion of personal data of its indexes and search results, search engines have enough control to be considered responsible for treatment (either alone or jointly with others) in those cases. "
I look forward the decision of the Court, but whatever it is sure to have just in the Supreme. Meanwhile, since Google does not attend the exercise of rights, which are interested in to be removed from the searches, you can follow these tips , although Google probably argue as in the procedures discussed, namely that the complaints , the master armorer.
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