The “right of deindexation”: Repercussions of the González vs Google Spain case

Abstract

The purpose of this case study is to investigate the decision handed down in the year 2014 by the Court of Justice of the European Union in what is known as the González vs. Google Spain case. To this end, a systematic analysis of the main aspects of the case was made, consisting of an introduction to the conflict between the parties, some relevant facts, the procedural history of the case, the legal issues present in addition to the precedents used by the decision court, the decision adopted by the Court of Justice of the European Union, additional information mainly on the impact of this case and finally, critical considerations and concerns about the emergence of the so-called right to de-indexation and its potential reception in the Brazilian scenario. Such case was chosen as a source of study because it represents the tension between the new technologies of the information society and the law, in its mission to protect fundamental rights, especially for the case, the rights of personality, in the modality of protection of personal data.