Google can limit right to be forgotten to EU
FRANKFURT/PARIS: Google can limit the “right to be forgotten” to internet searches made in the European Union (EU), an adviser to the bloc’s top court said on Thursday, backing an appeal by the US search giant against a French fine.
European Court of Justice judges typically follow the advice of the advocate general, usually within two to four months, although they are not bound to do so.
Maciej Szpunar’s opinion was welcomed by Google, which locked horns with France’s privacy watchdog after being fined in 2016 for failing to delist sensitive information beyond the borders of the EU.
“We’ve worked hard to ensure that the right to be forgotten is effective for Europeans, including using geolocation to ensure 99% effectiveness,” Peter Fleischer, Google’s senior privacy counsel, said.
Europeans gained the right to ask search engines to delist certain information about them in a landmark ruling five years ago. If approved, a decision based on a balance between a person’s right to privacy and the public’s right to know, the content will not appear in search results.
Szpunar said searches made from outside the EU should not be affected by this “de-referencing” of information.
“The fundamental right to be forgotten must be balanced against other fundamental rights, such as the right to data protection and the right to privacy, as well as the legitimate public interest in access- ing the information sought,” he said.
Once the right to be forgotten had been established within the EU, a search engine operator should do all it can to remove entries, including using geo-blocking in the event that the IP address of a device connected to the internet is deemed to be within the EU, Szpunar added.
Google, which estimates that it has removed 2.9 million links under the right to be forgotten, had appealed a €100,000 ($115,000) fine from French data protection authority CNIL in March 2016 for failing to delist information across national borders, sending the case to the European Court of Justice.
In a second dispute between a group of individuals and CNIL, Szpunar said that prohibitions on processing certain types of data should also apply to the operators of search engines.