Guidelines 05/2019 on criteria of the Right to be Forgotten in search engines

1.5 Ground 5:  The Right to request delisting when the personal data have to be erased for compliance with a legal obligation (Article 17.1.e)

37. According to Article 17.1.e GDPR, a data subject may request a search engine provider to delist one or more search results if the personal data need to be erased in compliance with a legal obligation in Union or Member State Law to which the search engine provider is subject.

38. Compliance with a legal obligation may result from an injunction, an express request by national or EU law for being under a “legal obligation to erase” or the mere breach by the search engine provider of the retention period. For illustrative purposes, the retention period of data is set by a text but would not be complied with (but this hypothesis mainly concerns public files). This case could may be encompass the hypothesis of non-anonymized or identifying data available in open data