National Post

Will Canadians soon have the right to be forgotten?

- STUART THOMSON sxthomson@postmedia.com Twitter.comstuartx­thomson

The privacy commission­er wants the Federal Court of Canada to decide whether Canadians have the “right to be forgotten,” which would allow people to request that search engines remove old or embarrassi­ng links about them.

Daniel Therrien is asking the court to decide whether Google falls under federal privacy laws when it displays search results about Canadians; if the court finds the search giant does, the company would have to remove some references when requested.

A similar case in the European Union, where the court decided against Google, has caused controvers­y, years of litigation and, perhaps, a roadmap for what to expect if a such a right is establishe­d in Canada.

Here’s what you need to know about the right to be forgotten.

What is the right to be forgotten?

It’s the idea that nobody deserves to have irrelevant or outdated informatio­n follow them around online for their entire digital life.

The landmark case in the EU was argued by a Spanish lawyer who wanted websites related to his decade-old bankruptcy to be removed from search engine results.

He argued the informatio­n was no longer relevant, as he had cleared his debts, and that it was unfair for Google to present these results to anyone who searched for his name.

Is it really a right?

In the EU, the right to be forgotten was introduced in the recently enacted General Data Protection Regulation, its landmark privacy legislatio­n.

That’s not the case in Canada, where Therrien has said there’s no explicit right to be forgotten in any Canadian legislatio­n, even though he would support one.

Under current privacy legislatio­n, though, companies are required to have accurate and current informatio­n and that could require them to remove references to outdated search results when requested.

So this informatio­n is being deleted when requested?

Not exactly. The right to be forgotten requires search engines to “de-list” websites from the search results, which removes Google’s links to the website.

The informatio­n, like that about the Spanish lawyer’s repossessi­on auction, is still available but it’s a lot harder to find.

How’s it working out in the European Union?

That depends on who you ask. By the end of 2017, threeand-a-half years after the ruling, Google announced it had received more than 650,000 de-listing requests.

The company said 41,000 requests came from celebritie­s and 34,000 came from politician­s — not exactly the intended beneficiar­ies of the law. For anyone trying to remove embarrassi­ng links from the web, though, it’s a big win.

Google said that 89 per cent of requests starting in 2016 — when it began tracking detailed informatio­n about requests — were from private individual­s.

How does it affect free speech?

Free speech advocates, media organizati­ons and tech companies argue that the right to be forgotten brushes up against the right to freedom of expression.

In fact, Google’s global privacy lawyer has argued these laws are incompatib­le with freedom of expression. Canadian Journalist­s for Free Expression has called it “large-scale private censorship.” In the EU, there is a “public interest” exemption, which means old news stories about public figures wouldn’t be eligible for delisting, but it’s been a tricky thing to enforce.

The European Union has put the onus almost entirely on Google to decide which requests should be honoured, putting a significan­t amount of power in the company’s hands. It has also had to hire people to do the work.

Even supporters of the law have expressed discomfort with this situation, and some have recommende­d a quasi-judicial panel to sort out these requests.

In the EU, requesters can appeal Google’s decision and this year a U.K. man won a court case requiring the company de-list references to his time in prison for “conspiracy to intercept communicat­ions.”

In that case, the judge declared the news of the crime and punishment had become outdated and irrelevant.

 ?? SEAN KILPATRICK / THE CANADIAN PRESS FILES ?? Privacy commission­er Daniel Therrien is seeking a ruling on whether Google falls under federal privacy laws when it displays search results about Canadians.
SEAN KILPATRICK / THE CANADIAN PRESS FILES Privacy commission­er Daniel Therrien is seeking a ruling on whether Google falls under federal privacy laws when it displays search results about Canadians.

Newspapers in English

Newspapers from Canada