On July 10, 2020, the European Data Protection Board (“EDPB”), an independent European body that contributes to the application of personal data protection rules, published the final version of the Guidelines No. 5 of the year 2019 on the requirements and conditions for the application of the Right to be Forgotten for internet search platforms, considering the European General Data Protection Regulation (“GDPR”).
The document is the result of a Public Consultation held in end of 2019. As a highlight, Directive No. 5/2019 provides for six grounds for the right to request the deletion and delisting of the personal data of the data subjects, provided for in article 17 of the GDPR. The foundations brought are directly related to the principles of minimization, purpose, adequacy, and quality, adapted to the context of the Right to be Forgotten and to search providers. The Directive also includes exceptions in which the Right to be Forgotten cannot be applied, in accordance with the GDPR, providing for very important topics such as freedom of expression and the right to information, legal or regulatory obligations, public interest, health protection and defense of legal interests.
Read more at: Full Directive No. 5/2019