Applying the Google “Right Not To Be Forgotten Ruling” In Spain

Miguel Peguera,Universitat Oberta de Catalunya (UOC); Stanford University – Stanford Law School Center for Internet and Society, has published In the Aftermath of Google Spain: How the ‘Right to Be Forgotten’ is Being Shaped in Spain by Courts and the Data Protection Authority at International Journal of Law and Information Technology 2015; doi: 10.1093/ijlit/eav016. Here is the 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.

The full text is not available from SSRN.