The National Court of Justice the right resource the first … – Yahoo Finance Spain

Madrid, Jan 23 (EFE) .- The National Court announced today that it has resolved 18 appeals concerning the right to be forgotten online, the first in which apply the criteria set last May by the European Court of Justice (ECJ).

In 14 of the resources, the Hearing gives reason to individuals, while in the other four considers the arguments of the seeker.

Among the resources that have gained particular is that of Mario Costeja, which was the germ of the ECJ ruling.

Following this question -the preliminary hearing addressed the ECJ to know its criteria-, the ECJ recognized that citizens have a right to be “forgotten” on the Internet.

That is, they can claim to Google and other search engines withdraw in its search results links to information that harm them and are no longer relevant.

Are Google and other search companies responsible for those who have to evaluate whether requests are consistent with the requirements of the judgment European.

That judgment dictates that the removal of these links only applies to searches by name, not by the facts, and does not establish that the information on the source is removed only search engine.

Once the doctrine set by the ECJ, the High Court has resolved the first cases of right to be forgotten in Spain.

This is 18 resources if While the Spanish court has indicated that there is yet another outstanding score of resolution.

The National Court ensures that the first -the judgment on Mario Costeja- is “important” because “sets the criteria to be followed to From now on individuals, the controller and the Agency for Data Protection (AEPD) “which will have to carry out” the trial weighting “collected by the ECJ ruling.

Those criteria summarized in one who exercises the right of opposition must indicate to the controller or with the AEPD that the search was conducted from its name, indicate the results displayed by the search engine and the content of the information concerning him and that constitutes a processing of personal data which is accessed through such links.

According to the Spanish court, protect the right of opposition from individuals require “proper weighting of rights conflict to establish whether the right to data protection should prevail over other legitimate rights and interests, in view of the specific personal and situation of its owner “

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