Recently Web of the AEPD has been published in the page at least peculiar resolution, that shows the necessity motivadamente to base the facts and reasons by which a person considers that a information published in kind Internet against her right to the dignity and protection of data. The resolution at issue is the R/01545/2011. The news that appeared in Internet made reference to the entailment of this certain person with a drug trafficking network. Affected, that did not want that the news could be well-known by the totality of the population, decided to solicit to two of the finders of reference, Yahoo and Google, that came to stop in the treatment of their personal data exercising their right of opposition, or in its defect they would come to cancel its personal data in these finders. The Agency during 25 leaves is dedicated to base legally if the finders are forced to take care of these requirements according to have establishment or means in the territory of the Spanish State, or of the European Community. For it reference does to several resolutions and recommendations previous as much of own Agency, like of Work group of Article 29, in that they reach the final conclusion that these two finders have as much establishments in Spain, as use means in our territory to realise the search, and therefore they must take care of the request of rights ARC that considers to them by the individuals.
Is the good news for which we did not know like doing it, because the answer which we have always received from Google is that the main company is in America, and therefore the Spanish legislation is not applied there. But the Agency goes further on, and analyzes a requirement that until now was unnoticed past..