So if a person can prove that a search query leads to a page with obviously incorrect information, the search engine must delete the corresponding link. It does not require a judicial decision, it said. Those concerned need only provide such evidence as “may reasonably be required”. However, the search engine does not have to actively participate in the search for evidence. The burden of proof lies with those affected.
With regard to thumbnails, which are also part of the lawsuit, the ECJ made it clear that the display of photos can represent a particularly strong encroachment on the right to the protection of private life and personal data. Google must therefore check whether the so-called thumbnails are necessary so that Internet users can exercise their right to free information. Here, however, the ECJ requires a differentiated perspective: A distinction must be made between photos that are embedded in an article in their original context and illustrate the wrong content and photos that are only displayed in the preview list out of context. According to the ECJ, the information value of the preview images must be taken into account regardless of the context.
The BGH must now decide on the case, taking into account the case law of the ECJ. A Google spokesman told dpa: “Since 2014 we have been working to implement the right to be forgotten in Europe and to find a reasonable balance between people’s rights to access information and privacy.” We welcome the decision and will now examine the verdict.
