On November 27, 2024, the Supreme Court of Justice announced, in its Communiqué No.398/2024, that the search engine manager should not be considered the data controller under the Federal Law on Protection of Personal Data Held by Private Parties (FLPPDPP). The Court reasoned that the search engine provider does not control the personal data processing as it lacks authority over the indexed content and does not determine the data to be processed or the purposes for that processing. The Court emphasized that imposing such responsibilities could distort the provider's role as an intermediary and threaten freedom of expression by encouraging prior censorship.

Moreover, the Court highlighted that assigning intermediaries the obligation to assess the rights of access, rectification, cancellation, or opposition (ARCO rights) could compel them to eliminate content without appropriate justification, as they lack the legal tools to determine whether restricting freedom of expression is warranted.

The Court concluded that users could seek judicial intervention or petition the National Institute for Access to Information and Protection of Personal Data (INAI) to weigh the human rights involved in each case, allowing for appropriate oversight without placing undue burdens on search engine managers.

You can read the press release, only available in Spanish, here.