Criteria of the Right to be Forgotten in the search engines
Guidelines 05/2019 on criteria of the Right to be Forgotten in search engines
SECTION 1 THE GROUNDS OF THE RIGHT TO REQUEST DELISTING UNDER GDPR
13. The Right to request delisting as provided by Article 17 GDPR does not change the findings of the Costeja judgement, in which the CJEU held that a request for delisting was based on the Right to rectification/erasure and on the Right to object, pursuant to Article 12 and Article 14 of the Directive respectively.
14. Article 17.1 sets out a general principle to erase the data in the six following cases:
a. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed (Article 17.1.a);
b. the data subject withdraws consent on which the processing is based (Article 17.1.b);
c. the data subject exercised his or her Right to objec tto processing of his or her personal data pursuant to Article 21.1 and 21.2 GDPR;
d. the personal data have been unlawfully processed (Article 17.1.d);
e. the erasure is compliant with a legal obligation (Article 17.1.e);
f. the personal data have been collected in relation to the offer of information society services to a minor (Article 17.1.f which refers to Article 8.1).