De-Indexation in the Context of Personal Data Protection

De-Indexation in the Context of Personal Data Protection

Journal article

1 electronic resource (page 896–902)

Extract Law No. 18331, Arts. 37 and 38 ‒ De-Indexing Information in Google Headnotes by the Editorial Office 1. The search engine is neither the author nor the owner of the web pages that are returned as a result of the search. 2. ‘De-indexing’ does not equate to ‘removing’, because unlinking the name and personal data from the search engine does not, as a consequence, give rise to the erasure of the data, but rather only to a certain degree of difficulty in searching for it. 3. The action that seeks to protect the potential ‘right to be forgotten online’ through de-indexation – even though it may, generically, constitute a manifestation of the right to the protection of personal data – cannot be brought as an action for ‘habeas data’. Supreme Court of Justice (Suprema Corte de Justicia), judgment of 21 December 2023 ‒ 1410/2023 Conclusions: I) The Supreme Court of Justice, by a decision of the majority of its members, dismisses the appeal brought by the appellant and, at the same time, declares the proceedings absolutely null and void, on the basis of the following reasoning.

Crossref

GRUR International ; 74, 9, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

Anglais

https://academic.oup.com/grurint/article/72/3/231/6998505

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