Expand / The Supreme Court vindicates Google Spain and exonerated of responsibility in the processing of personal data on the right to forget. This statement requires the Spanish users to direct their claims directly to Google Inc. in the United States.
Google Spain is not responsible for the processing of personal data and should not take care of the complaints lodged by users who have requested the right to oblivion claims. This is explained by the Supreme Court (TS) in a judgment which has had EXPANDING access and detaches to the Spanish subsidiary of any relation to the processing of data in our territory.
The High Court understands tested “only Google Inc. [headquartered in the United States] is the controller because it is she that corresponds exclusively determining the purposes, conditions and means of data processing,” said TS in its .
in this respect, the court notes that the living body does not identify any activity of Google Spain involving their participation in the activity search engine and is not proven to perform in Spain an activity directly linked to indexing or storage of information or data contained in the websites of third parties.
from Google Spain ensure this newspaper he was “very pleased with the Supreme Court agrees with our implementation of the judgment of the European Court of Justice in resolving the right to oblivion “.
As explained to EXPAND the lawyers who have brought this matter before the Board of administrative litigation, Carolina Pina department responsible -socia IP Garrigues and Ignacio González -associated senior of the same area- “with this ruling, the Supreme not only rectifies a misinterpretation of the judgment of the Court of Justice of the European Union concerning the right to oblivion, but also fits the criteria of other countries of the European Union, in which You understand that the only responsible for processing data to Google Inc. and the subsidiary never present in the European territory, as was the case with Google Spain in our country. “
This sentence not only involves that claims regarding the right to oblivion should be made at the headquarters of motror search -Google Inc. in the United States, but also that the resolution of the tomb Spanish data Protection Agency (AEPD) of 19 January 2010 compared to Google Spain, and left in a difficult situation the various judgments of the High Court focused directly on the claims made by the right to forget.
complaints right to forget not they may be directed to Google in Spain
Information Expansión
http://entornointeligente.com/articulo/8074726/Las-quejas-por-derecho-al-olvido-no-se-podran-dirigir-a-Google-en-Espana
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