No “Right to be forgotten online” EU court adviser

Google Inc. is not responsible for third-party information appearing in its search results and cannot be required to remove information from its index, according to a ruling handed down by the European Court of Justice which also negates the idea of the “right to be forgotten” online.

Based on the current Data Protection Directive, search engines service providers are not responsible for personal data appearing in Web pages they show on their sites, according to the opinion penned by ECJ Advocate General Niilo Jaaskinen.

Jaaskinen also said rights to correction, erasure or blocking of data only apply if there is incomplete, inaccurate, libelous or criminal information.

Although the advocate general’s ruling is not binding on the ECJ, the court ruling usually follows his independent advice.

Jaaskinen’s opinion pertains to a Spanish case referred to the ECJ concerning an individual who requested Google Spain in 2010 to remove links to a newspaper article which mentions his name in connection with a property auction ordered by the Spanish government due to unpaid social security debts. The individual argued that the case dated back to 1998 and has since been resolved.

The Spanish Data Protection Agency upheld the complaint against Google but the search engine appealed the decision to the Spanish High Court, which referred the case to the ECJ.

The case touches on privacy and the debate of an individual’s right to be forgotten.
In Europe, the right traces its roots to French law which recognizes le droit à l’oubli (right to oblivion) which allows criminals who have served their time and have been rehabilitated to object to the publication of the facts of their conviction and imprisonment. This differs with the North American view that allows the publication of a person’s criminal record.

RELATED CONTENT

6 steps to Internet privacy on Google
Stoddart raises privacy concerns over Google Glass

With the rapid growth of information held online and the greater ease with which information can be searched, retrieved and shared, it has become increasingly harder for individuals to bury information about themselves that they would like to keep private.

The EU’s Data Protection Directive is being overhauled. One of the most contested issues is the proposal by EU Justice Commissioner Viviane Reding to include the right to be forgotten in the new charter.

Read the whole story here

Would you recommend this article?

Share

Thanks for taking the time to let us know what you think of this article!
We'd love to hear your opinion about this or any other story you read in our publication.


Jim Love, Chief Content Officer, IT World Canada

Featured Download

Nestor E. Arellano
Nestor E. Arellano
Toronto-based journalist specializing in technology and business news. Blogs and tweets on the latest tech trends and gadgets.

Featured Articles

Cybersecurity in 2024: Priorities and challenges for Canadian organizations 

By Derek Manky As predictions for 2024 point to the continued expansion...

Survey shows generative AI is a top priority for Canadian corporate leaders.

Leaders are devoting significant budget to generative AI for 2024 Canadian corporate...

Related Tech News

Tech Jobs

Our experienced team of journalists and bloggers bring you engaging in-depth interviews, videos and content targeted to IT professionals and line-of-business executives.

Tech Companies Hiring Right Now