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

SECTION 2  THE EXCEPTIONS TO THE RIGHT TO REQUEST DELISTING UNDER ARTICLE 17.3

42. Article 17.3 GDPR states that paragraphs 1 and 2 of Article 17 GDPR will not apply when processing is necessary:

• a. for exercising the right of freedom of expression and information (Article 17.3.a);

• b. for compliance with a legal obligation that requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (Article 17.3.b);

• c. or reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9.2 as well as Article 9.3 (Article 17.3.c);

• d. for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89 (1) in so far as the right referred to inparagraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing (Article 17.3.d); or

• e.  for the establishment, exercise or defense of legal claims (Article 17.3.e).

43. This part aims to demonstrate that most of the exceptions under Article 17.3 GDPR do not appear suitable in case of a delisting request. Such inadequacy pleads in favor of the application of Article 21 GDPR for delisting requests. In any event, it must be remembered that exceptions provided for under Article 17.3 GDPR can be invoked as compelling legitimate grounds pursuant to Article 17.1.c GDPR.