Benjamin Nicolau


Submitted by Benjamin Nicolau, Ebame lawyers among the main points contained in the Opinion of the Group of article 29, and as he pointed out the AEPD in its previous report on search engines, collected the need to limit the period of data retention, which currently stands at the major search engines with periods ranging from 13 to 18 months, once the information ceases to be necessary for the purposes related to the service – such as improving service, the security of the system or the prevention of fraud. In this sense, the European authorities believe that conservation periods still not been reduced sufficiently and the GT29 establishes that they must limit them to maximum periods of 6 months. The article 29 Working Group sees no legal basis for conservation of data greater than 6 months. Where search engines retain data for longer periods, they must demonstrate comprehensively that it is strictly necessary to provide the service. However, national legislation may require periods of shorter conservation.

In addition, in relation to data processed and retained users report sets 2 roles to search engines: as service providers: trying a lot of personal data, well data are actively contributed by users to register for a service or those generated by the use of its services, such as IP addresses or search histories including data generated by technical means, such as cookies. On this point the Opinion of 29 GT, stresses that search engines do not sufficiently explain the nature and purpose of these operations users. As content providers, search engines help to make information more accessible. Although search engines are not responsible for this information, the GT29 highlights that the grouping of information of various types of the same person, search engines can do a profile with one greater risk that information appear disperses, and that can affect especially persons if the data listed is incorrect, excessive or incomplete.