Case C-460/20, TU, RE v. Google LLC (C.J.E.U.)

Abstract

On December 8, 2022, in a case relating to a de-referencing request to an internet search engine operator on the basis of inaccurate information, the Grand Chamber of the Court of Justice of the European Union (CJEU) delivered its judgment (the Judgment) on the interpretation of the right to erasure (right to be forgotten) under Article 17 of the EU General Data Protection Regulation 2016/679 (GDPR), and the rights of access and objection under Articles 12 and 14 of the EU Directive 95/46/EC (the Directive), in light of fundamental rights to privacy, protection of personal data, and freedom of expression and information under Articles 7, 8, and 11 of the Charter of Fundamental Rights of the European Union (the Charter). The case establishes that the burden of proof is on the person requesting de-referencing to show manifest inaccuracy of information, but this does not require them to seek a judicial remedy against the website publisher before requesting de-referencing. Although the search engine operator is obliged to carry out checks to confirm the merits of the request, it has no obligation to investigate the facts and probe further with the website publisher. However, it must de-reference where relevant and sufficient evidence is submitted to show manifest inaccuracy, and it must display a warning where it is made aware of judicial proceedings.