‘The Right to Be Forgotten’ and the Sui Generis Controller in the Context of CJEU Jurisprudence and the GDPR

The Google Spain judgment established a search engine as sui generis controller and the related ‘right to be forgotten’ (right delisting) under data protection legislation, despite controversies surrounding it primarily on account of logic operator’s functioning its consequent inability comply with certain basic requirements. Resulting interpretations, ie contouring legislation CJEU case law (the GC Others judgment), are examined in this paper detail relation currently applicable GDPR provisions, which allows conclusions drawn substance (sui generis) delisting right, legal standing subjects, assessment requests, role responsibilities operators. While neither removal from source web page is required nor can denied exclusively basis publisher’s right freedom information expression, analysis shows several manifestations inherent interweavement concerns at same time intrinsically oppose privacy rights. issue further challenged by lack harmonisation area reconciling rights expression information. last section discusses rationale behind recently duty adjusting, rearranging, results cases where requests were denied, implications for operators, future outlook. Keywords: forgotten, GDPR, v CNIL, sensitive data, legitimate interest, substantial public information, adjusting results.   This work licensed Creative Commons Attribution − Non-Commercial No Derivatives 4.0 International License. Suggested citation: N Gumzej, ‘“The Right Be Forgotten” Sui Generis Controller Context Jurisprudence GDPR’ (2021) 17 CYELP 127.