Court of Appeal: Google violates GDPR

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Published 1 December 2021 at 09.51

Domestic. Google routinely informs webmasters when a search result has been removed from the list of search results in accordance with the “right to be forgotten”. The Court of Appeal considers that this is not permitted under the Data Protection Regulation, GDPR.

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The right to be forgotten means that an individual has the right to have one or more links to web pages with personal data deleted from the list of search results displayed during a search on the person's name.

The Court of Appeal considers that Google's routine to regularly inform webmasters that search results have been deleted constitutes a processing of personal data that is not compatible with the Data Protection Ordinance.

– The Court of Appeal has made the same assessment as the Administrative Court, that Google's delete search results is against the Data Protection Ordinance, says the Court of Appeal's lawyer Petter Classon in a statement.

However, the Court of Appeal finds that Google has deleted individual search results without undue delay. The court therefore reduces the sanction fee by an additional SEK 2 million, in relation to the Administrative Court's ruling, to a total of SEK 50 million.