ECJ: No Court Ruling Needed for Removal of False Google Search Info

Jan 27, 2023 Benn-Ibler Rechtsanwälte

Google is required to delete links to websites if they contain provably false information. Anyone who wants to have entries in Google Search removed is therefore not required to first approach those responsible for putting any such information online, but can directly hold Google to its obligation to do so, even without a prior court ruling, according to the European Court of Justice (ECJ).

In the original case brought before the German Federal Court of Justice, two executives from a group of investment companies asked Google to exclude from the results of a search on their names the links to specific articles that were critical of the Group's investment models. Google refused to comply with the request, claiming that it did not know whether the information contained in the articles was incorrect or not. The German court now asked the ECJ to interpret, inter alia, the General Data Protection Regulation, which also regulates the right to data deletion, based on the Charter of Fundamental Rights of the European Union.

In its ruling, the ECJ made it clear that the right to protection of personal data is not an unlimited right but must be viewed within the context of its social function and weighed against other fundamental rights, thus complying with the principle of proportionality. However, the right to freedom of expression and information does not apply if a part of the information significant for the content as a whole is incorrect. If it can be proven that information is obviously incorrect and thus search queries would be conducted based on false information, the search engine is required to delete the link, according to the Court. No court decision is required for this. However, the operator is under no obligation to actively participate in the search for facts in order to determine whether a request is valid.

Press Release no. 197/22 on ECJ, C-460/20 (08.12.2022)