PROTECTION OF PERSONAL DATA

In the era of information technology and the internet, respect for privacy and the protection of personal data have become extremely sensitive topics. The Court has, in particular, answered two questions in that field: is there 'a right to be forgotten' on search engines and is the personal data of EU citizens sufficiently protected within and outside the EU ?

In 2014, the Court found that there was 'a right to be forgotten' on search engines. Thus, a person who wishes a link to information about his private life no longer   to appear following a search made of his name may request the operator of the search engine and, in the event of its refusal, the competent authorities, to remove that link on the list of results. The Court nevertheless stated that, in certain cases, the public's right to  information may  override a  request for  removal of  a  link  (judgment of 13 May 2014, Google Spain and Google, C-131/12).

In 2015 the Court furthermore declared invalid the decision of the European Commission allowing Facebook to transfer the personal data of its European users to the United States, in particular because that decision did not guarantee adequate protection against access by the American authorities to the data transferred from EU countries (judgment of 6 October 2015, Schrems, C-362/14).