Tag: right-to-be-forgotten

CJEU rules that Right To Be Forgotten is only applicable in Europe

27. September 2019

In a landmark case on Tuesday the Court of Justice of the European Union (CJEU) ruled that Google will not have to apply the General Data Privacy Regulation’s (GDPR) “Right to be Forgotten” to its search engines outside of the European Union. The ruling is a victory for Google in a case against a fine imposed by the french Commission nationale de l’informatique et des libertés (CNIL) in 2015 in an effort to force the company and other search engines to take down links globally.

Seeing as the internet has grown into a worldwide media net with no borders, this case is viewed as a test of wether people can demand a blanket removal of information about themselves from searches without overbearing on the principles of free speech and public interest. Around the world, it has also been perceived as a trial to see if the European Union can extend its laws beyond its own borders.

“The balance between right to privacy and protection of personal data, on the one hand, and the freedom of information of internet users, on the other, is likely to vary significantly around the world,” the court stated in its decision.The Court also expressed in the judgement that the protection of personal data is not an absolute right.

While this leads to companies not being forced to delete sensitive information on their search engines outside of the EU upon request, they must take precautions to seriously discourage internet users from going onto non-EU versions of their pages. Furthermore, companies with search engines within the EU will have to closely weigh freedom of speech against the protection of privacy, keeping the currently common case to case basis for deletion requests.

In effect, since the Right to be Forgotten had been first determined by the CJEU in 2014, Google has since received over 3,3 million deletion requests. In 45% of the cases it has complied with the delisting of links from its search engine. As it stands, even while complying with deletion requests, the delisted links within the EU search engines can still be accessed by using VPN and gaining access to non-EU search engines, circumventing the geoblocking. This is an issue to which a solution has not yet been found.

Belgian court ruled on “right-to-be-forgotten”

3. June 2016

The Belgian Court of Cassation confirmed the broad interpretation of the “right-to-be-forgotten” by a Belgian Court of Appeal.

The case was initiated by a person who fought against a Belgian newspaper because it did not comply with a request to remove an article from 1994 from its online archives regarding a car accident causing the death of two persons in which the individual was involved.

The Court of Appeal ruled that disclosing the name of the individum in the article was not in public interest and that is why it was damaging the reputation of the relevant individual. Therefore, it ordered the newspaper to anonymize the online version of the article.

However, the newspaper contested the Court of Appeal’s judgment and brought the case before the Belgian Court of Cassation.

The Court of Cassation decided that the publication of articles in newspapers’ online archives can be considered as a new disclosure of facts of an individual’s judicial past, which could potentially infringe the individual’s right-to-be-forgotten. Furthermore, the Court of Cassation confirmed that the online publication of the non-anonymized article years after the accident could have caused damages to the individual’s reputation. Therefore, the Court of Cassation decided that the right to privacy of the relevant individual could justify an interference with the newspaper’s right to freedom of expression and that in this case the newspaper has to remove all references to the individual from the article in its online archives.

Report: Google denies about 70 to 75 percent of “right to be forgotten” requests

17. May 2016

Two years ago, the Court of Justice of the European Union established the “right to be forgotten”. An organization named Reputation VIP launched a website, forget.me,  that should help consumers in Europe submitting requests to Google and Bing.

Based on the consumer submissions through the site, 130,000 URLs, the company released a new report on the trends of the outcome of the requests of the “right to be forgotten” related to geographic location and success rates of those requests.

The study shows, that with regard to geographical means the top three countries from which requests originate are Germany, the UK and France. In more detail it is to say, that more than half of all requests came from Germany and the UK.

With respect to the success rates of the mentioned requests the report states, that Google denies about 70 percent to 75 percent of them.

Furthermore, the study shows, that Google most frequently denies removal requests concerning professional activity. Whereas the type of request is in 61 % of the cases due to an invasion of privacy.

 

 

Criticism at Google’s ‘right to be forgotten’ position

20. April 2016

The New York Times reports that crisicism is raised among European data protection regulators and politicians on Google’s secretive process for deciding whose “right to be forgotten” cases end with a stricken link and whose do not. The lack of the company’s transparency is not the only concern regarding how a private organization has autonomy in these cases instead of the government. Furthermore, Google has ruled on double the amount of national authorities’ privacy judgments. “If Europe really wanted to regain control over personal data, giving Google this type of power is an odd outcome,” concluded Oxford University’s Luciano Floridi.

The criticism is also raised as a result of a general growing discontent from both European regulators and politicians due to the fact that national data protection agencies sometimes lack the financial, technical and human resources to handle the substantial increase of “right to be forgotten” requests, according to regulatory officials and legal experts.

Category: EU · USA
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The French DPA fines Google

29. March 2016

The French Data Protection Authority (“CNIL”) fines Google for data protection violation. In May 2014, the European Court of Justice had decided, that citizens could request search engines to delist inadequate or irrelevant web search results of themselves; the so-called “right-to-be-forgotten” was born.

The CNIL has now fined the US search engine 100.000 Euros over the right-to-be-forgotten, since Google just delisted web search results regionally, for instance only accross their European websites, such as google.fr and not also on the google.com website. By delisting web search results of a person only regionally, the data subject will practically not be able to exercise her/his right-to-be-forgotten efficiently. Search engines should instead delist search results from all their domains.