Removal of information from web searches confined to EU after Google wins case
Google does not have to apply Europe’s “right to be forgotten” law globally, the continent’s top court ruled on Tuesday in a landmark case that pitted privacy rights against freedom of speech.
The victory for the US tech titan means that while it must remove links to sensitive personal data from its internet search results in Europe when required, it does not have to scrap them from searches elsewhere in the world.
The case has been viewed as a landmark test, in an age of an internet that knows no borders, of whether people can demand a blanket removal of information about themselves from searches without stifling free speech and legitimate public interest.
It has also been seen by policymakers and companies globally as a test of whether the EU can extend its laws beyond its own borders.
“Currently, there is no obligation under EU law for a search engine operator who grants a request for dereferencing made by a data subject … to carry out such a dereferencing on all the versions of its search engine,” the Court of Justice of the EU said in its ruling.
Google welcomed the decision, saying: “It’s good to see that the court agreed with our arguments.”
The world’s most popular internet search engine has previously warned of the dangers of overreach by Europe. In a blog post two years ago, it said there should be a balance between sensitive personal data and the public interest and no country should be able to impose rules on citizens of another.
The right to be forgotten was enshrined by the same European court in 2014 when it ruled that people could ask search engines such as Google to remove inadequate or irrelevant information from web results appearing under searches for their names.
Google, a unit of Alphabet, has since received 845,501 requests to remove links. It has removed 45% of the 3.3-million links it was asked to scrap.
UK rights group Article 19, which campaigns for freedom of speech and information, applauded Tuesday’s judgment, which also found that Google has some leeway in deciding whether to scrap links because of the balance between privacy rights and public interest.
“Courts or data regulators in the UK, France or Germany should not be able to determine the search results that internet users in America, India or Argentina get to see
“The court is right to state that the balance between privacy and free speech should be taken into account when deciding if websites should be delisted — and also to recognise that this balance may vary around the world,” Article 19 said.
But Patrick van Eecke, global chair of the data protection practice at law firm DLA Piper, said it would limit the effect of a successful right to be forgotten application as it will be ringfenced to searches performed within the EU.
“This might obviously be frustrating for people who will see that people from outside Europe will still be able to find the delisted search results when performing the same search on Google in New York, Shanghai or any other place in the world,” Van Eecke added.
The case arose in 2016 after France’s privacy watchdog, CNIL, fined Google €100,000 for refusing to delist sensitive information from search results globally upon request. Google took its fight to the French council of state, which subsequently sought advice from the European Court of Justice.
The council separately asked for advice after CNIL decided not to order Google to remove links from internet search results based on the names of four individuals.
These included a satirical photomontage of a female politician, an article referring to someone as a public relations officer of the Church of Scientology, the placing under investigation of a male politician and the conviction of someone for sexual assaults against minors.
CNIL said it will comply with Tuesday’s ruling.