Author(s): Laroussi Chemlali
In the landmark case Google Spain, the Court of Justice of the European Union (CJEU) deduced from the provisions of Directive 95/46 a right to de-reference personal data appearing in search engine results. The recognition of the right to de-referencing was welcomed as a substantial step forward for privacy rights. However, questions have been raised regarding its contours and modalities of implementation. By two Grand Chamber cases delivered on 24 September 2019, Google LLC v Commission nationale de l’informatique et des libertés (CNIL) (Case C-507/17) and GC and Others v Commission nationale de l’informatique et des libertés (CNIL) (Case C-136/17), the CJEU clarified, respectively, the territorial scope of the right to de-referencing and the conditions of the de-referencing of links referring to web pages containing sensitive data.