European Court Rules Against Google
Europe’s top court ruled that Google Inc. can be forced to delete links to content about individuals on the Web reports the Wall Street Journal. Individuals can request that search engines remove links to news articles, court judgments and other documents in search results for their name.
The case revolved around arguments regarding freedom of speech and right to privacy. The European Court of Justice’s decision represents the strongest legal backing of what is often called the “right to be forgotten,” a concept that is not well known in the US.
Legal expert Richard Cumbley, information-management and data-protection partner at U.K. law firm Linklaters commented that the decision, “makes grim reading for Google and will delight privacy advocates in the EU.”
The court decision by itself doesn’t force Google to respond to requests from individuals. But if it doesn’t act, individuals can go to national regulators or privacy watchdogs to request that material to be removed.
In addition, the court ruled that search engines are “controllers” of the personal data they turn up online, potentially subjecting them to other obligations, such as notifying people that their data has been collected.
The judgment comes in response to a 2011 request for guidance on EU privacy laws from a Spanish court. The Spanish court was dealing with a case pitting Google against Spain’s data-protection regulator, which had to assess 180 cases—now 220—brought by individuals unhappy with search results relating to their name.
Read the full decision here
