The Burden of Proving Inaccuracy in Right to be Forgotten Requests: CJEU Case C-460/20

privacy law barrister

The Grand Chamber of the Court of Justice of the European Union (‘CJEU’) has clarified whether a search engine or the person making a right to be forgotten request has the burden of proving the inaccuracy of the information in contested Internet search results. The question of whether preview images (so-called ‘thumbnails’) should be removed was also examined by the court.

The Facts

The individuals involved in the case were anonymised as TU and RE. TU is a member of the board of directors and the shareholder of an investment company. RE was TU’s cohabiting partner and held a role in one of the subsidiary companies. In 2015, three articles were published on a website (anonymised to ‘g-net’ in the ruling). The articles criticised the investment model of TU’s companies and showed photographs of TU driving a luxury car, in a helicopter and in front of an airplane. There was…

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