{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-460-20-62020cj0460","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-460-20-62020cj0460)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-14","fingerprint":"ewai:eu:f8b9a4","proof":"sha256:966c0b7dd7dd3a2b5e5c572d4860ad4f24f470b86b737db50c407d7a74541d09","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-460-20-62020cj0460","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"62020CJ0460","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Grand Chamber)","paragraphs":[]},{"title":"8 December 2022 (\n *1\n )","paragraphs":["para_4","para_5","para_6","para_7"]},{"title":"RE","paragraphs":["para_9"]},{"title":"Google LLC","paragraphs":["para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25","para_26","para_27","para_28","para_29","para_30"]},{"title":"Judgment","paragraphs":[]},{"title":"1","paragraphs":["para_33"]},{"title":"2","paragraphs":["para_35"]},{"title":"Legal context","paragraphs":[]},{"title":"Directive 95/46","paragraphs":[]},{"title":"3","paragraphs":["para_39","para_40"]},{"title":"4","paragraphs":[]},{"title":"Article 2 of that directive, entitled ‘Definitions’, provided:","paragraphs":["para_43"]},{"title":"(a)","paragraphs":["para_45"]},{"title":"(b)","paragraphs":["para_47"]},{"title":"(d)","paragraphs":["para_49"]},{"title":"5","paragraphs":["para_51","para_52","para_53"]},{"title":"(d)","paragraphs":["para_55","para_56"]},{"title":"6","paragraphs":["para_58","para_59","para_60"]},{"title":"(b)","paragraphs":["para_62","para_63"]},{"title":"7","paragraphs":["para_65","para_66"]},{"title":"(a)","paragraphs":["para_68","para_69"]},{"title":"The GDPR","paragraphs":[]},{"title":"8","paragraphs":["para_72"]},{"title":"9","paragraphs":[]},{"title":"Recitals 4, 39 and 65 of that regulation state:","paragraphs":["para_75","para_76","para_77","para_78","para_79","para_80","para_81"]},{"title":"10","paragraphs":["para_83","para_84"]},{"title":"(1)","paragraphs":["para_86"]},{"title":"(2)","paragraphs":["para_88"]},{"title":"(7)","paragraphs":["para_90"]},{"title":"11","paragraphs":["para_92","para_93","para_94"]},{"title":"(d)","paragraphs":["para_96","para_97","para_98"]},{"title":"12","paragraphs":["para_100"]},{"title":"13","paragraphs":[]},{"title":"Article 16 of the GDPR, entitled ‘Right of rectification’, provides:","paragraphs":["para_103"]},{"title":"14","paragraphs":["para_105","para_106"]},{"title":"(a)","paragraphs":["para_108"]},{"title":"(b)","paragraphs":["para_110"]},{"title":"(c)","paragraphs":["para_112"]},{"title":"(d)","paragraphs":["para_114"]},{"title":"(e)","paragraphs":["para_116"]},{"title":"(f)","paragraphs":["para_118","para_119"]},{"title":"3.   Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:","paragraphs":[]},{"title":"(a)","paragraphs":["para_122","para_123"]},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":[]},{"title":"15","paragraphs":["para_126"]},{"title":"16","paragraphs":["para_128"]},{"title":"17","paragraphs":["para_130"]},{"title":"18","paragraphs":["para_132"]},{"title":"19","paragraphs":["para_134"]},{"title":"20","paragraphs":["para_136"]},{"title":"21","paragraphs":["para_138"]},{"title":"22","paragraphs":["para_140"]},{"title":"23","paragraphs":["para_142"]},{"title":"24","paragraphs":["para_144"]},{"title":"25","paragraphs":["para_146"]},{"title":"26","paragraphs":["para_148"]},{"title":"27","paragraphs":["para_150"]},{"title":"28","paragraphs":["para_152"]},{"title":"29","paragraphs":["para_154"]},{"title":"30","paragraphs":["para_156"]},{"title":"31","paragraphs":["para_158"]},{"title":"32","paragraphs":["para_160"]},{"title":"33","paragraphs":["para_162"]},{"title":"34","paragraphs":["para_164"]},{"title":"35","paragraphs":["para_166"]},{"title":"36","paragraphs":["para_168"]},{"title":"37","paragraphs":["para_170"]},{"title":"38","paragraphs":["para_172"]},{"title":"39","paragraphs":["para_174","para_175","para_176"]},{"title":"(2)","paragraphs":["para_178"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"The first question","paragraphs":[]},{"title":"Admissibility","paragraphs":[]},{"title":"40","paragraphs":["para_183"]},{"title":"41","paragraphs":["para_185"]},{"title":"42","paragraphs":["para_187"]},{"title":"43","paragraphs":["para_189"]},{"title":"44","paragraphs":["para_191"]},{"title":"45","paragraphs":["para_193"]},{"title":"46","paragraphs":["para_195"]},{"title":"47","paragraphs":["para_197"]},{"title":"Substance","paragraphs":[]},{"title":"48","paragraphs":["para_200"]},{"title":"49","paragraphs":["para_202"]},{"title":"50","paragraphs":["para_204"]},{"title":"51","paragraphs":["para_206"]},{"title":"52","paragraphs":["para_208"]},{"title":"53","paragraphs":["para_210"]},{"title":"54","paragraphs":["para_212"]},{"title":"55","paragraphs":["para_214"]},{"title":"56","paragraphs":["para_216"]},{"title":"57","paragraphs":["para_218"]},{"title":"58","paragraphs":["para_220"]},{"title":"59","paragraphs":["para_222"]},{"title":"60","paragraphs":["para_224"]},{"title":"61","paragraphs":["para_226"]},{"title":"62","paragraphs":["para_228"]},{"title":"63","paragraphs":["para_230"]},{"title":"64","paragraphs":["para_232"]},{"title":"65","paragraphs":["para_234"]},{"title":"66","paragraphs":["para_236"]},{"title":"67","paragraphs":["para_238"]},{"title":"68","paragraphs":["para_240"]},{"title":"69","paragraphs":["para_242"]},{"title":"70","paragraphs":["para_244"]},{"title":"71","paragraphs":["para_246"]},{"title":"72","paragraphs":["para_248"]},{"title":"73","paragraphs":["para_250"]},{"title":"74","paragraphs":["para_252"]},{"title":"75","paragraphs":["para_254"]},{"title":"76","paragraphs":["para_256"]},{"title":"77","paragraphs":["para_258"]},{"title":"The second question","paragraphs":[]},{"title":"The applicable law ratione temporis","paragraphs":[]},{"title":"78","paragraphs":["para_262"]},{"title":"79","paragraphs":["para_264"]},{"title":"80","paragraphs":["para_266"]},{"title":"Admissibility","paragraphs":[]},{"title":"81","paragraphs":["para_269"]},{"title":"82","paragraphs":["para_271"]},{"title":"83","paragraphs":["para_273"]},{"title":"84","paragraphs":["para_275"]},{"title":"85","paragraphs":["para_277"]},{"title":"86","paragraphs":["para_279"]},{"title":"87","paragraphs":["para_281"]},{"title":"Substance","paragraphs":[]},{"title":"88","paragraphs":["para_284"]},{"title":"89","paragraphs":["para_286"]},{"title":"90","paragraphs":["para_288"]},{"title":"91","paragraphs":["para_290"]},{"title":"92","paragraphs":["para_292"]},{"title":"93","paragraphs":["para_294"]},{"title":"94","paragraphs":["para_296"]},{"title":"95","paragraphs":["para_298"]},{"title":"96","paragraphs":["para_300"]},{"title":"97","paragraphs":["para_302"]},{"title":"98","paragraphs":["para_304"]},{"title":"99","paragraphs":["para_306"]},{"title":"100","paragraphs":["para_308"]},{"title":"101","paragraphs":["para_310"]},{"title":"102","paragraphs":["para_312"]},{"title":"103","paragraphs":["para_314"]},{"title":"104","paragraphs":["para_316"]},{"title":"105","paragraphs":["para_318"]},{"title":"106","paragraphs":["para_320"]},{"title":"107","paragraphs":["para_322"]},{"title":"108","paragraphs":["para_324"]},{"title":"Costs","paragraphs":[]},{"title":"109","paragraphs":["para_327"]},{"title":"On those grounds, the Court (Grand Chamber) hereby rules:","paragraphs":["para_329","para_330","para_331","para_332","para_333","para_334","para_335","para_336"]}],"paragraphs":[{"text":"62020CJ0460","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Grand Chamber)","paragraph_id":"para_2"},{"text":"8 December 2022 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive 95/46/EC – Article 12(b) – Point (a) of the first paragraph of Article 14 – Regulation (EU) 2016/679 – Article 17(3)(a) – Operator of an internet search engine – Research ca …","paragraph_id":"para_4"},{"text":"In Case C‑460/20,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Bundesgerichtshof (Federal Court of Justice, Germany), made by decision of 27 July 2020, received at the Court on 24 September 2020, in the proceedings","paragraph_id":"para_6"},{"text":"TU,","paragraph_id":"para_7"},{"text":"RE","paragraph_id":"para_8"},{"text":"v","paragraph_id":"para_9"},{"text":"Google LLC","paragraph_id":"para_10"},{"text":"THE COURT (Grand Chamber),","paragraph_id":"para_11"},{"text":"composed of K. Lenaerts, President, L. Bay Larsen, Vice-President, A. Prechal, K. Jürimäe, C. Lycourgos, P.G. Xuereb, L.S. Rossi and D. Gratsias, Presidents of Chambers, M. Ilešič (Rapporteur), F. Biltgen, N. Piçarra, N. Jääskinen, N. Wahl, I. Ziemele and J. Passer, Judges,","paragraph_id":"para_12"},{"text":"Advocate General: G. Pitruzzella,","paragraph_id":"para_13"},{"text":"Registrar: D. Dittert, Head of Unit,","paragraph_id":"para_14"},{"text":"having regard to the written procedure and further to the hearing on 24 January 2022,","paragraph_id":"para_15"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_16"},{"text":"–","paragraph_id":"para_17"},{"text":"TU and RE, by M. Siegmann and T. Stöber, Rechtsanwälte,","paragraph_id":"para_18"},{"text":"–","paragraph_id":"para_19"},{"text":"Google LLC, by B. Heymann, J. Spiegel and J. Wimmers, Rechtsanwälte,","paragraph_id":"para_20"},{"text":"–","paragraph_id":"para_21"},{"text":"the Greek Government, by S. Charitaki, A. Magrippi and M. Tassopoulou, acting as Agents,","paragraph_id":"para_22"},{"text":"–","paragraph_id":"para_23"},{"text":"the Austrian Government, by G. Kunnert, A. Posch and J. Schmoll, acting as Agents,","paragraph_id":"para_24"},{"text":"–","paragraph_id":"para_25"},{"text":"the Romanian Government, by E. Gane and L. Liţu, acting as Agents,","paragraph_id":"para_26"},{"text":"–","paragraph_id":"para_27"},{"text":"the European Commission, by A. Bouchagiar, F. Erlbacher, H. Kranenborg and D. Nardi, acting as Agents,","paragraph_id":"para_28"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 7 April 2022,","paragraph_id":"para_29"},{"text":"gives the following","paragraph_id":"para_30"},{"text":"Judgment","paragraph_id":"para_31"},{"text":"1","paragraph_id":"para_32"},{"text":"This request for a preliminary ruling concerns the interpretation of Article 17(3)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, …","paragraph_id":"para_33"},{"text":"2","paragraph_id":"para_34"},{"text":"The request has been made in proceedings between TU and RE, of the one part, and Google LLC, of the other part, concerning a request seeking, first, that articles in which they are identified be de-referenced from the results of a search carried out on the basis of their names and, second, that photographs representing them, displayed in the form of preview images (‘thumbnails’), be removed from the results of an image search.","paragraph_id":"para_35"},{"text":"Legal context","paragraph_id":"para_36"},{"text":"Directive 95/46","paragraph_id":"para_37"},{"text":"3","paragraph_id":"para_38"},{"text":"Article 1 of Directive 95/46, entitled ‘Object of the Directive’, provided in paragraph 1 thereof:","paragraph_id":"para_39"},{"text":"‘In accordance with this Directive, Member States shall protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy with respect to the processing of personal data.’","paragraph_id":"para_40"},{"text":"4","paragraph_id":"para_41"},{"text":"Article 2 of that directive, entitled ‘Definitions’, provided:","paragraph_id":"para_42"},{"text":"‘For the purposes of this Directive:","paragraph_id":"para_43"},{"text":"(a)","paragraph_id":"para_44"},{"text":"“personal data” shall mean any information relating to an identified or identifiable natural person (“data subject”); …","paragraph_id":"para_45"},{"text":"(b)","paragraph_id":"para_46"},{"text":"“processing of personal data” (“processing”): shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, …","paragraph_id":"para_47"},{"text":"(d)","paragraph_id":"para_48"},{"text":"“controller” shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; …’","paragraph_id":"para_49"},{"text":"5","paragraph_id":"para_50"},{"text":"In Section I of Chapter II of that directive, entitled ‘Principles relating to data quality’, Article 6 was worded as follows:","paragraph_id":"para_51"},{"text":"‘1.   Member States shall provide that personal data must be:","paragraph_id":"para_52"},{"text":"…","paragraph_id":"para_53"},{"text":"(d)","paragraph_id":"para_54"},{"text":"accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that data which are inaccurate or incomplete, having regard to the purposes for which they were collected or for which they are further processed, are erased or rectified;","paragraph_id":"para_55"},{"text":"…’","paragraph_id":"para_56"},{"text":"6","paragraph_id":"para_57"},{"text":"In Section V of Chapter II of that directive, entitled ‘The data subject’s right of access to data’, Article 12 thereof, itself entitled ‘Right of access’, stated:","paragraph_id":"para_58"},{"text":"‘Member States shall guarantee every data subject the right to obtain from the controller:","paragraph_id":"para_59"},{"text":"…","paragraph_id":"para_60"},{"text":"(b)","paragraph_id":"para_61"},{"text":"as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data;","paragraph_id":"para_62"},{"text":"…’","paragraph_id":"para_63"},{"text":"7","paragraph_id":"para_64"},{"text":"In Section VII of Chapter II of Directive 95/46, entitled ‘The data subject’s right to object’, the first paragraph of Article 14 of that directive provided:","paragraph_id":"para_65"},{"text":"‘Member States shall grant the data subject the right:","paragraph_id":"para_66"},{"text":"(a)","paragraph_id":"para_67"},{"text":"at least in the cases referred to in Article 7(e) and (f), to object at any time on compelling legitimate grounds relating to his particular situation to the processing of data relating to him, save where otherwise provided by national legislation. Where there is a justified objection, the processing instigated by the controller may no longer involve those data;","paragraph_id":"para_68"},{"text":"…’","paragraph_id":"para_69"},{"text":"The GDPR","paragraph_id":"para_70"},{"text":"8","paragraph_id":"para_71"},{"text":"As provided in Article 94(1) thereof, the GDPR repealed Directive 95/46 with effect from 25 May 2018. By virtue of Article 99(2), the GDPR applies from that date.","paragraph_id":"para_72"},{"text":"9","paragraph_id":"para_73"},{"text":"Recitals 4, 39 and 65 of that regulation state:","paragraph_id":"para_74"},{"text":"‘4.","paragraph_id":"para_75"},{"text":"The processing of personal data should be designed to serve mankind. The right to the protection of personal data is not an absolute right; it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionali …","paragraph_id":"para_76"},{"text":"…","paragraph_id":"para_77"},{"text":"39.","paragraph_id":"para_78"},{"text":"… Every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted. …","paragraph_id":"para_79"},{"text":"65.","paragraph_id":"para_80"},{"text":"A data subject should have the right to have personal data concerning him or her rectified and a “right to be forgotten” where the retention of such data infringes this Regulation or Union or Member State law to which the controller is subject. … However, the further retention of the personal data should be lawful where it is necessary, for exercising the right of freedom of expression and information …’","paragraph_id":"para_81"},{"text":"10","paragraph_id":"para_82"},{"text":"In Chapter I of that regulation, entitled ‘General provisions’, Article 4 thereof, itself entitled ‘Definitions’, is worded as follows:","paragraph_id":"para_83"},{"text":"‘For the purposes of this Regulation:","paragraph_id":"para_84"},{"text":"(1)","paragraph_id":"para_85"},{"text":"“personal data” means any information relating to an identified or identifiable natural person (“data subject”); …","paragraph_id":"para_86"},{"text":"(2)","paragraph_id":"para_87"},{"text":"“processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means …","paragraph_id":"para_88"},{"text":"(7)","paragraph_id":"para_89"},{"text":"“controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; …’","paragraph_id":"para_90"},{"text":"11","paragraph_id":"para_91"},{"text":"In Chapter II of that regulation, entitled ‘Principles’, Article 5, itself entitled ‘Principles relating to the processing of personal data’, provides:","paragraph_id":"para_92"},{"text":"‘1.   Personal data shall be:","paragraph_id":"para_93"},{"text":"…","paragraph_id":"para_94"},{"text":"(d)","paragraph_id":"para_95"},{"text":"accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (“accuracy”);","paragraph_id":"para_96"},{"text":"…","paragraph_id":"para_97"},{"text":"2.   The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (“accountability”).’","paragraph_id":"para_98"},{"text":"12","paragraph_id":"para_99"},{"text":"Section 3 of Chapter III of the GDPR, entitled ‘Rectification and erasure’, includes, inter alia, Articles 16 and 17 of that regulation.","paragraph_id":"para_100"},{"text":"13","paragraph_id":"para_101"},{"text":"Article 16 of the GDPR, entitled ‘Right of rectification’, provides:","paragraph_id":"para_102"},{"text":"‘The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.’","paragraph_id":"para_103"},{"text":"14","paragraph_id":"para_104"},{"text":"Article 17 of that regulation, entitled ‘Right to erasure (“right to be forgotten”)’, is worded as follows:","paragraph_id":"para_105"},{"text":"‘1.   The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:","paragraph_id":"para_106"},{"text":"(a)","paragraph_id":"para_107"},{"text":"the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;","paragraph_id":"para_108"},{"text":"(b)","paragraph_id":"para_109"},{"text":"the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;","paragraph_id":"para_110"},{"text":"(c)","paragraph_id":"para_111"},{"text":"the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);","paragraph_id":"para_112"},{"text":"(d)","paragraph_id":"para_113"},{"text":"the personal data have been unlawfully processed;","paragraph_id":"para_114"},{"text":"(e)","paragraph_id":"para_115"},{"text":"the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;","paragraph_id":"para_116"},{"text":"(f)","paragraph_id":"para_117"},{"text":"the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).","paragraph_id":"para_118"},{"text":"2.   Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.","paragraph_id":"para_119"},{"text":"3.   Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:","paragraph_id":"para_120"},{"text":"(a)","paragraph_id":"para_121"},{"text":"for exercising the right of freedom of expression and information;","paragraph_id":"para_122"},{"text":"…’","paragraph_id":"para_123"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_124"},{"text":"15","paragraph_id":"para_125"},{"text":"TU is a member of the board of directors and the only shareholder of an investment company as well as chairman of a subsidiary of that company, which, together with other companies, constitute a group of companies. He is also the sole shareholder in a third company, which is the sole shareholder in a fourth company, which in turn holds 60% of the shares in a fifth company.","paragraph_id":"para_126"},{"text":"16","paragraph_id":"para_127"},{"text":"RE was TU’s cohabiting partner and, until May 2015, held general commercial power of representation in that fourth company.","paragraph_id":"para_128"},{"text":"17","paragraph_id":"para_129"},{"text":"On 27 April, 4 June and 16 June 2015, three articles which criticised the investment model implemented by the fifth company and the group of companies referred to in paragraph 15 of the present judgment were published on the website www.g …net (‘the g-net website’). The 4 June 2015 article was also illustrated by three photographs of TU driving a luxury car, in a helicopter and in front of an airplane, respectively, as well as a photograph of RE in a convertible car.","paragraph_id":"para_130"},{"text":"18","paragraph_id":"para_131"},{"text":"The operator of the g-net website is, according to the imprint, G-LLC, whose registered office is in New York (United States). The corporate purpose of G-LLC is, according to its own statement, ‘to contribute consistently towards fraud prevention in the economy and society by means of active investi …","paragraph_id":"para_132"},{"text":"19","paragraph_id":"para_133"},{"text":"Google displayed the articles of 4 June 2015 and 16 June 2015 when the names and forenames of the applicants in the main proceedings, both on their own and in conjunction with certain company names, were entered in its search engine, as well as the 27 April 2015 article when certain company names we …","paragraph_id":"para_134"},{"text":"20","paragraph_id":"para_135"},{"text":"The applicants in the main proceedings requested Google, as the controller of personal data processed by its search engine, first, to de-reference the links to the articles at issue in the main proceedings from the list of search results, on the ground that they contained inaccurate claims and defamatory opinions, and, second, to remove the thumbnails from the list of search results. They also claimed to have been victims of ‘blackmail’ by G-LLC.","paragraph_id":"para_136"},{"text":"21","paragraph_id":"para_137"},{"text":"Google refused to comply with that request, referring to the professional context in which the articles and photographs at issue in the main proceedings were set and arguing that it was unaware of the alleged inaccuracy of the information contained in those articles.","paragraph_id":"para_138"},{"text":"22","paragraph_id":"para_139"},{"text":"In 2015, the applicants in the main proceedings brought an action before the Landgericht Köln (Regional Court, Cologne, Germany) seeking an order requiring Google to de-reference the links to the articles at issue in the main proceedings from its lists of search results and to put an end to the display, in the form of thumbnails, of the photographs representing them. By judgment of 22 November 2017, that court dismissed the action.","paragraph_id":"para_140"},{"text":"23","paragraph_id":"para_141"},{"text":"The applicants in the main proceedings lodged an appeal against that judgment before the Oberlandesgericht Köln (Higher Regional Court, Cologne, Germany). That appeal was dismissed by judgment of 8 November 2018. That court stated that the specific method of functioning of a search engine and the pa …","paragraph_id":"para_142"},{"text":"24","paragraph_id":"para_143"},{"text":"The appeal court added that, in so far as it is necessary conclusively to take account of the accuracy of the alleged fact, the burden of proof in that regard lies with the person requesting the de-referencing. In the present case, since the applicants in the main proceedings have not proven that th …","paragraph_id":"para_144"},{"text":"25","paragraph_id":"para_145"},{"text":"The applicants in the main proceedings brought an appeal on a point of law before the Bundesgerichtshof (Federal Court of Justice, Germany), the referring court.","paragraph_id":"para_146"},{"text":"26","paragraph_id":"para_147"},{"text":"That court observes that the outcome of that action depends on the interpretation of EU law, in particular Article 17(3)(a) of the GDPR and Article 12(b) and point (a) of the first paragraph of Article 14 of Directive 95/46.","paragraph_id":"para_148"},{"text":"27","paragraph_id":"para_149"},{"text":"As a preliminary point, the referring court states that, from its point of view, the request that Google be ordered to de-reference the links to the articles at issue in the main proceedings from the list of search results falls ratione temporis within the scope of the GDPR, whereas the request that …","paragraph_id":"para_150"},{"text":"28","paragraph_id":"para_151"},{"text":"The referring court then observes that the fact that the articles at issue in the main proceedings are no longer available on the g-net website and that Google no longer displays the thumbnails has not eliminated the interest the applicants in the main proceedings have in pursuing their request for …","paragraph_id":"para_152"},{"text":"29","paragraph_id":"para_153"},{"text":"As regards the substance, concerning, in the first place, the request for de-referencing of the links to the articles at issue in the main proceedings from the list of search results, the referring court notes that the applicants in the main proceedings justify that request by claiming, in particula …","paragraph_id":"para_154"},{"text":"30","paragraph_id":"para_155"},{"text":"According to the referring court, the requirement to strike an equal balance between competing fundamental rights arising from Articles 7 and 8 of the Charter, on the one hand, and Articles 11 and 16 of the Charter, on the other, is not satisfied if, in a situation such as that at issue in the case in the main proceedings, the burden of proof falls exclusively on one party or the other.","paragraph_id":"para_156"},{"text":"31","paragraph_id":"para_157"},{"text":"Consequently, that court proposes adopting a solution which seeks to require the data subject to resolve, at least provisionally, the question of the accuracy of the referenced content by pursuing in court his or her claim against the content provider, in so far as obtaining judicial protection at l …","paragraph_id":"para_158"},{"text":"32","paragraph_id":"para_159"},{"text":"Accordingly, the referring court suggests that, as a general rule, the data subject may reasonably be required to bring an action for interim relief against a content supplier whose name is known, but not against an anonymous provider or a provider to whom it is impossible to make notifications. How …","paragraph_id":"para_160"},{"text":"33","paragraph_id":"para_161"},{"text":"In the second place, as regards the request that Google be ordered to put an end to the display, in the form of thumbnails, of the photographs of the applicants in the main proceedings contained in the 4 June 2015 article, the referring court observes, first of all, that those thumbnails do indeed c …","paragraph_id":"para_162"},{"text":"34","paragraph_id":"para_163"},{"text":"Accordingly, the question arises whether, when conducting the weighing-up exercise under Article 12(b) and point (a) of the first paragraph of Article 14 of Directive 95/46 or Article 17(3)(a) of the GDPR, account must be taken solely of the thumbnail as such in the neutral context of the list of results or whether account must also be taken of the original context of the publication of the corresponding image.","paragraph_id":"para_164"},{"text":"35","paragraph_id":"para_165"},{"text":"In that regard, the referring court notes that, in the case in the main proceedings, which concerns persons who are not known to the general public, the photographs in question do not, in themselves, contribute to public debate and do not satisfy a compelling need for information in accordance with …","paragraph_id":"para_166"},{"text":"36","paragraph_id":"para_167"},{"text":"According to the referring court, one factor militating in favour of taking account of the context of the original publication lies in the fact that, technically, thumbnails constitute links referring to the third party’s internet page. Similarly, it is well known that the informed average user of a …","paragraph_id":"para_168"},{"text":"37","paragraph_id":"para_169"},{"text":"However, account should be taken of the fact that the original context of the publication of the images is neither stated nor otherwise visible when the thumbnail is displayed, unlike in the case of other referenced results. A user who, from the outset, is interested only in displaying the image has, as a general rule, no reason to seek out the source and the original context of the publication.","paragraph_id":"para_170"},{"text":"38","paragraph_id":"para_171"},{"text":"According to the referring court, it therefore appears logical, for the purposes of assessing the lawfulness of the data processing by the search engine data controller concerned, to include in the weighing-up exercise referred to in point (a) of the first paragraph of Article 14 of Directive 95/46 or Article 17(3) of the GDPR only the rights and interests which are apparent from the thumbnail itself.","paragraph_id":"para_172"},{"text":"39","paragraph_id":"para_173"},{"text":"In those circumstances, the Bundesgerichtshof (Federal Court of Justice) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_174"},{"text":"‘(1)","paragraph_id":"para_175"},{"text":"Is it compatible with the data subject’s right to respect for private life (Article 7 of the [Charter]) and to protection of personal data (Article 8 of the Charter) if, within the context of the weighing-up of conflicting rights and interests arising from Articles 7, 8, 11 and 16 of the Charter, wi …","paragraph_id":"para_176"},{"text":"(2)","paragraph_id":"para_177"},{"text":"In the case of a request for de-referencing made against the data controller of an internet search engine, which in a name search searches for photos of natural persons which third parties have introduced into the internet in connection with the person’s name, and which displays the photos which it …","paragraph_id":"para_178"},{"text":"Consideration of the questions referred","paragraph_id":"para_179"},{"text":"The first question","paragraph_id":"para_180"},{"text":"Admissibility","paragraph_id":"para_181"},{"text":"40","paragraph_id":"para_182"},{"text":"Google expresses doubts as to whether the first question is admissible, on the ground that the problem which it raises is hypothetical in nature. In particular, the solution suggested by the referring court takes the form of an abstract construction which is unrelated to the facts at issue in the case in the main proceedings. In its view, the Court also does not have the necessary material to provide a useful answer to that question.","paragraph_id":"para_183"},{"text":"41","paragraph_id":"para_184"},{"text":"In that regard, it should be noted that, according to settled case-law, in the context of the cooperation between the Court and the national courts provided for in Article 267 TFEU, it is solely for the national court before which a dispute has been brought, and which must assume responsibility for …","paragraph_id":"para_185"},{"text":"42","paragraph_id":"para_186"},{"text":"The Court may refuse to rule on a question referred by a national court for a preliminary ruling only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Co …","paragraph_id":"para_187"},{"text":"43","paragraph_id":"para_188"},{"text":"In the present case, as the Advocate General observed in point 22 of his Opinion, the referring court has provided a sufficiently precise and comprehensive picture of the factual and legal context underlying the dispute in the main proceedings and has sufficiently substantiated the need, in that context, to obtain an answer to the question submitted.","paragraph_id":"para_189"},{"text":"44","paragraph_id":"para_190"},{"text":"In that connection, it should be pointed out that the processing of personal data carried out in the context of the activity of a search engine can be distinguished from and is additional to that carried out by publishers of websites, consisting in loading those data on an internet page (judgment of …","paragraph_id":"para_191"},{"text":"45","paragraph_id":"para_192"},{"text":"It is apparent from the considerations set out by the referring court that the Court’s answer to the question concerning, first, the extent of the obligations and responsibilities incumbent on the operator of a search engine in processing a request for de-referencing based on the alleged inaccuracy …","paragraph_id":"para_193"},{"text":"46","paragraph_id":"para_194"},{"text":"As the Advocate General observed in point 22 of his Opinion, the fact that the referring court’s questions regarding the methodology which it considers to be applicable in a situation such as that at issue in the main proceedings are expressed in general and abstract terms does not mean that the question referred to the Court in that regard is hypothetical.","paragraph_id":"para_195"},{"text":"47","paragraph_id":"para_196"},{"text":"It follows that the first question is admissible.","paragraph_id":"para_197"},{"text":"Substance","paragraph_id":"para_198"},{"text":"48","paragraph_id":"para_199"},{"text":"By its first question, the referring court asks, in essence, whether Article 17(3)(a) of the GDPR must be interpreted as meaning that, within the context of the weighing-up exercise which is to be undertaken between the rights referred to in Articles 7 and 8 of the Charter, on the one hand, and thos …","paragraph_id":"para_200"},{"text":"49","paragraph_id":"para_201"},{"text":"As a preliminary point, it must be recalled, first, that the activity of a search engine consisting in finding information published or placed on the internet by third parties, indexing it automatically, storing it temporarily and, finally, making it available to internet users according to a partic …","paragraph_id":"para_202"},{"text":"50","paragraph_id":"para_203"},{"text":"Indeed, as recalled in paragraph 44 of the present judgment, the processing of personal data carried out in the context of the activity of a search engine can be distinguished from and is additional to that carried out by publishers of websites, consisting in loading those data on an internet page. …","paragraph_id":"para_204"},{"text":"51","paragraph_id":"para_205"},{"text":"Therefore, inasmuch as the activity of a search engine is liable to affect significantly, and additionally compared with that of the publishers of websites, the fundamental rights to privacy and to the protection of personal data, the operator of the search engine as the person determining the purpo …","paragraph_id":"para_206"},{"text":"52","paragraph_id":"para_207"},{"text":"As regards the extent of the responsibility and specific obligations of the operator of a search engine, the Court has already stated that that operator is responsible not because personal data appear on an internet page published by a third party, but because of the referencing of that page and, in …","paragraph_id":"para_208"},{"text":"53","paragraph_id":"para_209"},{"text":"In those circumstances, having regard to the responsibilities, powers and capabilities of the operator of a search engine as the controller of the processing carried out in connection with the activity of the search engine, the prohibitions and restrictions laid down by Directive 95/46 and by the GD …","paragraph_id":"para_210"},{"text":"54","paragraph_id":"para_211"},{"text":"As regards such a request, the GDPR contains, in Article 17, a provision which specifically governs the ‘right to erasure’, also known as the ‘right to be forgotten’. Although paragraph 1 of that article provides that the data subject has, in principle, for the reasons listed therein, the right to o …","paragraph_id":"para_212"},{"text":"55","paragraph_id":"para_213"},{"text":"Accordingly, the operator of a search engine who receives a request for de-referencing must ascertain whether the inclusion of the link to the internet page in question in the list displayed following a search carried out on the basis of the data subject’s name is necessary for exercising the right …","paragraph_id":"para_214"},{"text":"56","paragraph_id":"para_215"},{"text":"The fact that Article 17(3)(a) of the GDPR expressly provides that the data subject’s right to erasure is excluded where processing is necessary for the exercise of the right of information, guaranteed in Article 11 of the Charter, is an expression of the fact that the right to protection of persona …","paragraph_id":"para_216"},{"text":"57","paragraph_id":"para_217"},{"text":"In that context, it should be recalled that Article 52(1) of the Charter accepts that limitations may be imposed on the exercise of rights such as those set forth in Articles 7 and 8 of the Charter, as long as the limitations are provided for by law, respect the essence of those rights and freedoms …","paragraph_id":"para_218"},{"text":"58","paragraph_id":"para_219"},{"text":"The GDPR, and in particular Article 17(3)(a), thus expressly lays down the requirement to strike a balance between the fundamental rights to privacy and protection of personal data guaranteed by Articles 7 and 8 of the Charter, on the one hand, and the fundamental right of freedom of information guaranteed by Article 11 of the Charter, on the other (judgment of 24 September 2019, GC and Others (De-referencing of sensitive data), C‑136/17 , EU:C:2019:773 , paragraph  59 ).","paragraph_id":"para_220"},{"text":"59","paragraph_id":"para_221"},{"text":"It should be added that Article 7 of the Charter, regarding the right to respect for private and family life, contains rights corresponding to those guaranteed in Article 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’ …","paragraph_id":"para_222"},{"text":"60","paragraph_id":"para_223"},{"text":"It is apparent from the case-law of the European Court of Human Rights that, as regards the publication of data, for the purposes of striking a balance between the right to respect for private life and the right of freedom of expression and information, a number of relevant criteria must be taken in …","paragraph_id":"para_224"},{"text":"61","paragraph_id":"para_225"},{"text":"It is in the light of those considerations that an examination must be made of the conditions in which the operator of a search engine is required to accede to a request for de-referencing and thus to remove from the list of results displayed following a search on the basis of the data subject’s nam …","paragraph_id":"para_226"},{"text":"62","paragraph_id":"para_227"},{"text":"In that regard, it should be noted, first of all, that, while the data subject’s rights protected by Articles 7 and 8 of the Charter override, as a general rule, the legitimate interest of internet users who may be interested in accessing the information in question, that balance may, however, depen …","paragraph_id":"para_228"},{"text":"63","paragraph_id":"para_229"},{"text":"In particular, where the data subject plays a role in public life, that person must display a greater degree of tolerance, since he or she is inevitably and knowingly exposed to public scrutiny (see, to that effect, ECtHR, 6 October 2022, Khural and Zeynalov v. Azerbaijan , CE:ECHR:2022:1006JUD005506911, § 41 and the case-law cited).","paragraph_id":"para_230"},{"text":"64","paragraph_id":"para_231"},{"text":"The question of whether or not the referenced content is accurate also constitutes a relevant factor when assessing the conditions for application laid down in Article 17(3)(a) of the GDPR, for the purpose of assessing whether the right of internet users to information and the content provider’s freedom of expression may override the rights of the person requesting de-referencing.","paragraph_id":"para_232"},{"text":"65","paragraph_id":"para_233"},{"text":"In that regard, and as stated, in essence, by the Advocate General in point 30 of his Opinion, while, in certain circumstances, the right to freedom of expression and information may override the rights to private life and to protection of personal data, in particular where the data subject plays a …","paragraph_id":"para_234"},{"text":"66","paragraph_id":"para_235"},{"text":"It should be added that, while the issue of whether or not the assertions in the referenced content are accurate is relevant for the application of Article 17(3)(a) of the GDPR, a distinction must be drawn between factual assertions and value judgements. While the existence of facts can be demonstrated, the truth of value judgments is not susceptible of proof (see, to that effect, ECtHR, 23 April 2015, Morice v. France , CE:ECHR:2015:0423JUD002936910, § 126).","paragraph_id":"para_236"},{"text":"67","paragraph_id":"para_237"},{"text":"Next, it is necessary to determine, first, whether, and if so to what extent, it is for the person who has submitted the request for de-referencing to provide evidence to support his or her claim relating to the inaccuracy of the information in the referenced content and, second, whether the operator of the search engine must seek to clarify the facts itself in order to establish whether the allegedly inaccurate information is or is not accurate.","paragraph_id":"para_238"},{"text":"68","paragraph_id":"para_239"},{"text":"As regards, in the first place, the obligations of the person requesting de-referencing on account of the referenced content being inaccurate, it is for that person to establish the manifest inaccuracy of the information found in that content or, at the very least, of a part – which is not minor in …","paragraph_id":"para_240"},{"text":"69","paragraph_id":"para_241"},{"text":"As regards, in the second place, the obligations and responsibilities incumbent on the operator of the search engine, it is true that the operator of the search engine must, in order to determine whether content may continue to be included in the list of search results carried out using its search engine following a request for de-referencing, take into account all the rights and interests involved and all the circumstances of the case.","paragraph_id":"para_242"},{"text":"70","paragraph_id":"para_243"},{"text":"However, when assessing the conditions for application laid down in Article 17(3)(a) of the GDPR, that operator cannot be required to play an active role in trying to find facts which are not substantiated by the request for de-referencing, for the purposes of determining whether that request is well founded.","paragraph_id":"para_244"},{"text":"71","paragraph_id":"para_245"},{"text":"Accordingly, when such a request is processed, the operator of the search engine concerned cannot be required to investigate the facts and, to that end, to organise an adversarial debate with the content provider seeking to obtain missing information concerning the accuracy of the referenced content …","paragraph_id":"para_246"},{"text":"72","paragraph_id":"para_247"},{"text":"Accordingly, where the person who has made a request for de-referencing submits relevant and sufficient evidence capable of substantiating his or her request and of establishing the manifest inaccuracy of the information found in the referenced content or, at the very least, of a part – which is not …","paragraph_id":"para_248"},{"text":"73","paragraph_id":"para_249"},{"text":"By contrast, where the inaccuracy of such information found in the referenced content is not obvious, in the light of the evidence provided by the data subject, the operator of the search engine is not required, where there is no such judicial decision, to accede to such a request for de-referencing …","paragraph_id":"para_250"},{"text":"74","paragraph_id":"para_251"},{"text":"It should be added that, in accordance with what has been stated in paragraph 65 of the present judgment, it would also be disproportionate to de-reference articles, with the result that accessing all of them on the internet would be difficult, in a situation where only certain information of minor importance, in relation to the content found in those articles as a whole, proves to be inaccurate.","paragraph_id":"para_252"},{"text":"75","paragraph_id":"para_253"},{"text":"Lastly, it must be stated that, where the operator of a search engine does not grant the request for de-referencing, the data subject must be able to bring the matter before the supervisory authority or the judicial authority so that it carries out the necessary checks and orders that controller to …","paragraph_id":"para_254"},{"text":"76","paragraph_id":"para_255"},{"text":"However, where administrative or judicial proceedings concerning the alleged inaccuracy of information found in referenced content are initiated and where the existence of those proceedings has been brought to the attention of the operator of the search engine concerned, it is for that operator, for …","paragraph_id":"para_256"},{"text":"77","paragraph_id":"para_257"},{"text":"In the light of all the foregoing, the answer to the first question is that Article 17(3)(a) of the GDPR must be interpreted as meaning that, within the context of the weighing-up exercise which is to be undertaken between the rights referred to in Articles 7 and 8 of the Charter, on the one hand, a …","paragraph_id":"para_258"},{"text":"The second question","paragraph_id":"para_259"},{"text":"The applicable law ratione temporis","paragraph_id":"para_260"},{"text":"78","paragraph_id":"para_261"},{"text":"By its second question, the referring court requests an interpretation of Article 12(b) and point (a) of the first paragraph of Article 14 of Directive 95/46 as well as of Article 17(3)(a) of the GDPR. It states, in that regard, that, while the request to have Google de-reference, on a long-term bas …","paragraph_id":"para_262"},{"text":"79","paragraph_id":"para_263"},{"text":"In that regard, there is no need to distinguish between the provisions of Directive 95/46 and those of the GDPR referred to in the second question referred for a preliminary ruling, since the scope of all of those provisions must be regarded as similar for the purposes of the interpretation which th …","paragraph_id":"para_264"},{"text":"80","paragraph_id":"para_265"},{"text":"Consequently, in order to provide useful answers to the second question, it must be examined from the perspective of both Directive 95/46 and the GDPR.","paragraph_id":"para_266"},{"text":"Admissibility","paragraph_id":"para_267"},{"text":"81","paragraph_id":"para_268"},{"text":"Google also expresses doubts as to whether the second question is admissible, on the ground that the problem which it raises is hypothetical. First of all, Google takes the view that the subject matter of the dispute in the main proceedings is not a request to de-reference the results of an image se …","paragraph_id":"para_269"},{"text":"82","paragraph_id":"para_270"},{"text":"Pursuant to the principles identified by the case-law of the Court referred to in paragraphs 41 and 42 of the present judgment, it must be stated, first of all, that, in the present case, it is not obvious from the file before the Court that the interpretation of the provisions of Directive 95/46 an …","paragraph_id":"para_271"},{"text":"83","paragraph_id":"para_272"},{"text":"As regards, in particular, the fact that the photographs and articles at issue in the main proceedings no longer appear on the g-net website, it is important to note, as the referring court has observed, that the removal of that content appears to be merely temporary, as shown by the statement on th …","paragraph_id":"para_273"},{"text":"84","paragraph_id":"para_274"},{"text":"Moreover, the interest in a response from the Court concerning the interpretation of the relevant provisions of Directive 95/46 and of the GDPR, in the context of the request seeking to have brought to an end the display, in the form of thumbnails, of the photographs at issue in the case in the main …","paragraph_id":"para_275"},{"text":"85","paragraph_id":"para_276"},{"text":"First, even if the request of the applicants in the main proceedings to bring to an end the display, in the form of thumbnails, of the photographs representing them were not limited to searches carried out on the basis of their names, the fact remains that that request covers a display resulting fro …","paragraph_id":"para_277"},{"text":"86","paragraph_id":"para_278"},{"text":"Second, as regards the introduction in the image search of an additional link showing the internet page on which they were originally published, in accordance with the settled case-law of the Court, it is for the national courts to establish the facts on the basis of which the dispute in the main proceedings must be resolved and to decide the extent to which subsequent developments in the search engine concerned are relevant in that regard.","paragraph_id":"para_279"},{"text":"87","paragraph_id":"para_280"},{"text":"It follows that the second question is admissible.","paragraph_id":"para_281"},{"text":"Substance","paragraph_id":"para_282"},{"text":"88","paragraph_id":"para_283"},{"text":"By its second question, the referring court asks, in essence, whether Article 12(b) and point (a) of the first paragraph of Article 14 of Directive 95/46 as well as Article 17(3)(a) of the GDPR must be interpreted as meaning that, in the context of the weighing-up exercise which is to be undertaken …","paragraph_id":"para_284"},{"text":"89","paragraph_id":"para_285"},{"text":"That question thereby referred to the Court involves a request which seeks the removal of the photographs displayed in the form of thumbnails, which illustrated the article published on the g-net website on 4 June 2015, from the results of the image search carried out on the basis of the names of th …","paragraph_id":"para_286"},{"text":"90","paragraph_id":"para_287"},{"text":"As a preliminary point, it should be noted, as the Advocate General did in point 53 of his Opinion, that image searches carried out by means of an internet search engine on the basis of a person’s name are subject to the same principles as those which apply to internet page searches and the informat …","paragraph_id":"para_288"},{"text":"91","paragraph_id":"para_289"},{"text":"In that regard, it is important to state, first of all, that the display, in the results of an image search, of photographs of natural persons in the form of thumbnails constitutes processing of personal data in respect of which the operator of the search engine concerned, as ‘controller’ within the …","paragraph_id":"para_290"},{"text":"92","paragraph_id":"para_291"},{"text":"Next, it should be noted that the question referred concerns the specific method of searching for images offered by certain search engines, such as the search engine at issue in the main proceedings, by means of which internet users can search for information of any kind which takes the form of grap …","paragraph_id":"para_292"},{"text":"93","paragraph_id":"para_293"},{"text":"In that regard, it has been held that, since the inclusion in the list of results, displayed following a search made on the basis of a person’s name, of an internet page and of the information contained on it relating to that person makes access to that information appreciably easier for any interne …","paragraph_id":"para_294"},{"text":"94","paragraph_id":"para_295"},{"text":"That is all the more so where, following a search by name, photographs of the data subject are displayed in the form of thumbnails, that display being such as to constitute a particularly significant interference with the data subject’s rights to private life and that person’s personal data referred to in Articles 7 and 8 of the Charter.","paragraph_id":"para_296"},{"text":"95","paragraph_id":"para_297"},{"text":"A person’s image constitutes one of the chief attributes of his or her personality as it reveals the person’s unique characteristics and distinguishes the person from others. The right to the protection of one’s image is thus one of the essential components of personal development and mainly presupp …","paragraph_id":"para_298"},{"text":"96","paragraph_id":"para_299"},{"text":"Consequently, when the operator of a search engine receives a request for de-referencing which seeks the removal, from the results of an image search carried out on the basis of the name of a person, of photographs displayed in the form of thumbnails representing that person, it must ascertain wheth …","paragraph_id":"para_300"},{"text":"97","paragraph_id":"para_301"},{"text":"In that regard, the contribution to a debate of public interest is an essential factor to be taken into consideration when striking a balance between competing fundamental rights, for the purposes of assessing whether what prevails are (i) the data subject’s rights to respect for private life and to protection of his or her personal data or (ii) the rights to freedom of expression and information.","paragraph_id":"para_302"},{"text":"98","paragraph_id":"para_303"},{"text":"In so far as the search engine displays photographs of the data subject outside the context in which they are published on the referenced internet page, most often in order to illustrate the text elements contained in that page, it is necessary to establish whether that context must nevertheless be taken into consideration when striking a balance between the competing rights and interests.","paragraph_id":"para_304"},{"text":"99","paragraph_id":"para_305"},{"text":"In that context, as the Advocate General observed in point 54 of his Opinion, the question whether that assessment must also include the content of the internet page containing the photograph displayed in the form of a thumbnail, the removal of which is sought, depends on the purpose and nature of the processing at issue.","paragraph_id":"para_306"},{"text":"100","paragraph_id":"para_307"},{"text":"As regards, in the first place, the purpose of the processing at issue, it should be noted that the publication of photographs as a non-verbal means of communication is likely to have a stronger impact on internet users than text publications. Photographs are, as such, an important means of attracti …","paragraph_id":"para_308"},{"text":"101","paragraph_id":"para_309"},{"text":"Consequently, a separate weighing-up of competing rights and interests is required depending on whether the case concerns, on the one hand, articles containing photographs which are published on an internet page and which, when placed into their original context, illustrate the information provided …","paragraph_id":"para_310"},{"text":"102","paragraph_id":"para_311"},{"text":"In that regard, it must be recalled that not only does the ground justifying the publication of a piece of personal data on a website not necessarily coincide with that which is applicable to the activity of search engines, but also, even where that is the case, the outcome of the weighing-up of the …","paragraph_id":"para_312"},{"text":"103","paragraph_id":"para_313"},{"text":"As regards, in the second place, the nature of the processing carried out by the operator of the search engine, it must be observed, as did the Advocate General in point 55 of his Opinion, that, by retrieving the photographs of natural persons published on the internet and displaying them separately …","paragraph_id":"para_314"},{"text":"104","paragraph_id":"para_315"},{"text":"Therefore, an autonomous assessment of the activity of the operator of the search engine, which consists of displaying results of an image search, in the form of thumbnails, is necessary, given that the additional interference with fundamental rights resulting from such activity may be particularly …","paragraph_id":"para_316"},{"text":"105","paragraph_id":"para_317"},{"text":"It should be added that such a specific weighing-up exercise, which takes account of the autonomous nature of the data processing performed by the operator of the search engine, is without prejudice to the possible relevance of text elements which may directly accompany the display of a photograph i …","paragraph_id":"para_318"},{"text":"106","paragraph_id":"para_319"},{"text":"In the present case, it is apparent from the observations in the order for reference that, while the photographs of the applicants in the main proceedings contribute, in the context of the 4 June 2015 article of which they form part, to conveying the information and opinions expressed therein, those …","paragraph_id":"para_320"},{"text":"107","paragraph_id":"para_321"},{"text":"By contrast, if the request for de-referencing of the 4 June 2015 article at issue were to be granted, the display, in the form of thumbnails, of the photographs contained in that article would have to be removed. If that display were retained, the practical effect of de-referencing the article woul …","paragraph_id":"para_322"},{"text":"108","paragraph_id":"para_323"},{"text":"In the light of all the foregoing, the answer to the second question is that Article 12(b) and point (a) of the first paragraph of Article 14 of Directive 95/46 as well as Article 17(3)(a) of the GDPR must be interpreted as meaning that, in the context of the weighing-up exercise which is to be unde …","paragraph_id":"para_324"},{"text":"Costs","paragraph_id":"para_325"},{"text":"109","paragraph_id":"para_326"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_327"},{"text":"On those grounds, the Court (Grand Chamber) hereby rules:","paragraph_id":"para_328"},{"text":"1.","paragraph_id":"para_329"},{"text":"Article 17(3)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),","paragraph_id":"para_330"},{"text":"must be interpreted as meaning that within the context of the weighing-up exercise which is to be undertaken between the rights referred to in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, on the one hand, and those referred to in Article 11 of the Charter of Fundament …","paragraph_id":"para_331"},{"text":"2.","paragraph_id":"para_332"},{"text":"Article 12(b) and point (a) of the first paragraph of Article 14 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as Article 17(3)(a) of Regulation 2016/679","paragraph_id":"para_333"},{"text":"must be interpreted as meaning that in the context of the weighing-up exercise which is to be undertaken between the rights referred to in Articles 7 and 8 of the Charter of Fundamental Rights, on the one hand, and those referred to in Article 11 of the Charter of Fundamental Rights, on the other ha …","paragraph_id":"para_334"},{"text":"[Signatures]","paragraph_id":"para_335"},{"text":"(\n *1\n ) Language of the case: German.","paragraph_id":"para_336"}],"word_count":12674,"cites":["C-709/20","C-131/12","C-136/17","C-345/17","C-184/20"],"sha256":"5748411ff51c3532c66e70f27f726d5c81b01e1fe7ef67fa15d15a81a295a9b0","source_url":"https://publications.europa.eu/resource/celex/62020CJ0460.ENG.xhtml.ECR_62020CJ0460_EN_01.html","fetched_at":"2026-09-30T18:47:53.698+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-460-20-62020cj0460","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-460-20-62020cj0460","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-460-20-62020cj0460","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-460-20-62020cj0460"},"hash":"sha256:966c0b7dd7dd3a2b5e5c572d4860ad4f24f470b86b737db50c407d7a74541d09","version":"legal-2026-10-14","expires":"2026-10-16T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-14+legal-2026-10-14+2026-10-14T19:52:40","content_hash":"sha256:966c0b7dd7dd3a2b5e5c572d4860ad4f24f470b86b737db50c407d7a74541d09","revalidate_after":"2026-10-15T06:59:28.361Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-460-20-62020cj0460","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-460-20-62020cj0460"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-460-20-62020cj0460"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-460-20-62020cj0460"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. 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