Advisory Group

Taking into account these circumstances, the article 29 Working Group collects in its report, in addition to the need to limit the periods of preservation, the following conclusions: the data protection directive generally applies to the processing of personal data by search engines even when their central undertakings are outside Europe. Search engines should only collect personal data for legitimate purposes and the amount of data collected proportionate and not excessive with respect to the purposes. Directive 2006/24/EC on the conservation of data does not apply to the search engines. Search engines must delete or anonymize an irreversibly once these data are no longer useful for the purpose for which they were collected. Also establishes that if the Internet search engines use cookies your life should not be longer than necessary, and these should only be installed if provides transparent information regarding the purpose for which were installed and how to access, edit, and delete that information. The Internet search engines should provide users a clear and intelligible information about his identity and location and on data attempting to collect, store or transmit as well as about the purpose for which were collected.

Users of search engines must have right to access, inspect and correct all your personal data including profiles and search history. It also establishes that Member States can contemplate the right of citizens oppose the processing for legitimate reasons relating to your particular situation (attending, in addition, the laws that regulate the information society services empower the competent authorities to take measures to discontinue the provision of the service or to remove data that violate them). The enrichment of the profiles of users whose data are not provided by the users themselves must be based on the consent of the users. When a search engine using a cache, in that personal data are made available for longer than the original publication, must respect the right of users to eliminate excessive and outdated data. The correlation of data from registered users of different services of the Finder only may be carried out if it is guaranteed for each service user’s consent. In addition, the enrichment of the profiles of the users with data that they have not only contributed can be based on consent and clear information. The article 29 Group’s work of the article 29 Working Group, is the Advisory Group which brings together the authorities of the Member States data protection, issuing opinions and views on various matters they undergo consideration and not necessarily must vote on all proposed European regulations affecting the right to the protection of personal data. For the realization of this Opinion the Group has carried out a study on the policies of privacy and retention of data from the main Internet search engines around the world.


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