"Member States (through the designated authorities) should enforce compliance with the applicable data protection principles, in particular by engaging with search engine providers to carry out the following actions: – ensure that the collection of personal data by search engine providers is minimised. No user’s IP address should be stored when it is not necessary for the pursuit of a legitimate purpose and when the same results can be achieved by sampling or surveying, or by anonymising personal data. Innovative approaches promoting anonymous searches should also be encouraged; – ensure that retention periods are not longer than strictly necessary for the legitimate and specified purposes of the processing. Search engine providers should be in a position to justify with demonstrable reasons the collection and the retention of personal data. Information in this connection should be made publicly available and easily accessible; – ensure that search engine providers apply the most appropriate security measures to protect personal data against unlawful access by third parties and that appropriate data breach notification schemes are in place. Measures should include “end-to-end” encryption of the communication between the user and the search engine provider; – ensure that individuals are informed with regard to the processing of their personal data and the exercise of their rights, in an intelligible form, using clear and plain language, adapted to the data subject. Search engines should clearly inform users up front of all intended uses of their data (emphasising that the initial purpose of such processing is to better respond to their search requests) and respect the user’s right with regar to their personal data. They should inform individuals if their personal data has been compromised."
DocumentCoE (Committee of Ministers): Recommendation Rec(2012)3 of the Committee of Ministers to Member States on the Protection of Human Rights with Regard to Search Engines, para. 10
- Everyone who offers proof of identity has the right to know whether information concerning him/her is being processed, and to obtain it in an intelligible form.
- Personal data should only be collected for specified and legitimate purposes.
- Collection of personal data should be minimized, relevant, and limited to purposes pursued.
- Personal data controllers should provide clear and easily accessible information about their data collection and processing policies and practices.
- Personal data controllers should ensure data accuracy and protect personal data from unauthorized disclosure, loss, modification, or other misuses.
- Personal data should not be stored longer than necessary for the purposes pursued.