Wednesday, 26 November 2014

Google told to expand right to be forgotten

Google is under fresh pressure to expand the "right to be forgotten" to its international .com search tool.

A panel of EU data protection watchdogs said the move was necessary to prevent the law from being circumvented.

Google currently de-lists results that appear in the European versions of its search engines, but not the international one.

According to the report in BBC News, The panel said it would advise member states' data protection agencies of its view in new guidelines.

Source: BBC News

At present, visitors are diverted to localised editions of the US company's search tool - such as Google.co.uk and Google.fr - when they initially try to visit the Google.com site.

However, a link is provided at the bottom right-hand corner of the screen offering an option to switch to the international .com version. This link does not appear if the users attempted to go to a regional version in the first place.

Even so, it means it is possible for people in Europe to easily opt out of the censored lists. The data watchdogs said this "cannot be considered a sufficient means to guarantee the rights" of citizens living in the union's 28 member countries.

A spokesman for Google said: "We haven't yet seen the Article 29 Working Party's guidelines, but we will study them carefully when they're published."

Balancing act

The right to be forgotten was established in May by a ruling from the Court of Justice of the European Union.

It said a Spaniard had the right to stop an article referring to his financial troubles appearing in Google's results, bearing in mind the event had happened 16 years before and he had put his troubles behind him. The decision did not affect the article actual presence on the net.

The court added that judgements about other complaints would need to balance "sensitivity for the data subject's private life [against] the interest of the public in having that information".

The European Commission later clarified that search engines would have to delete information if they had received a request from the person affected by the result and had judged that it met the court's criteria for deletion. In cases where search engines decide not to remove the links, the person involved can take the matter to their local data watchdog or the courts.

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