Judgment_paragraph 73 · GC and Others v Commission nationale de l'informatique et des libertés (CNIL) (C-136/17)

73Consequently, by including in the list of results displayed following a search carried out on the basis of the data subject’s name links to web pages on which such data are published, the operator of a search engine carries out a processing of those data which, in accordance with the first subparagraph of Article 8(5) of Directive 95/46 and Article 10 of Regulation 2016/679, is subject to special restrictions. As the Commission observed, such processing may, by virtue of those provisions and subject to compliance with the other conditions of lawfulness laid down by that directive, be lawful in particular if appropriate and specific guarantees are provided for by national law, which may be the case where the information in question has been disclosed to the public by the public authorities in compliance with the applicable national law.

GC and Others v Commission nationale de l'informatique et des libertés (CNIL) (C-136/17)

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