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Spain Seeks ECJ Guidance on Search Engine Cases

PRIVACY LAW—SPAIN & EU

March 7, 2012

PCWorld reports that Spain's National Court (AN) has asked the European Court of Justice (EJC) to provide jurisdiction clarification on cases involving privacy complaints brought against search engines. The AN said it is unclear who has the final decision-making authority in such matters. The Spanish Data Protection Authority (DPA) says that search engines are subject to European laws and "right to be forgotten" decisions should be made in national courts in the EU. Spain's DPA has started legal action against Google to delete index files of Spanish complainants. A Google spokesman said, "We welcome the Spanish national court's decision to refer this case to the European Court of Justice. We support the right to be forgotten, and we think there are ways to apply it to intermediaries like search engines in a way that protects both the right to privacy and the right to free expression."
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