The Court of Justice of European Union decides that the prohibition on processing of sensitive personal data applies to operators of search engines

In case C-136/17 GC and Others v CNIL the Court of Justice of European Union (CJEU) has ruled on how special categories of data (Art. 9 and 10 GDPR) are to be treated by the search engine operators in course of delisting. In the context of a request for de-referencing, the fundamental rights of the person requesting the de-referencing guaranteed by Art. 7 and 8 of the Charter of Fundamental Rights of the European Union override the rights of potentially interested internet users.

In so far as the activity of a search engine is liable to affect significantly the rights to privacy and to the protection of personal data, the operator of the search engine must ensure, within the framework of his responsibilities, powers and capabilities, that the activity meets the requirements of EU law in order for ensuring that the guarantees laid down by EU law may have full effect and that effective and complete protection of data subject.