The Canadian federal privacy commissioner has affirmed that individuals retain the right to request the removal of specific information from search engine results, but Google has declined to comply with the request.
In a notable case defining the boundaries of the “right to be forgotten” in Canada, Privacy Commissioner Philippe Dufresne suggested that Google should remove search results related to a dropped criminal charge. Despite the recommendation, Google has refused to de-list the specific articles associated with the individual’s name from search results. The commissioner’s office, in a statement, mentioned that they are exploring all available avenues to ensure Google’s adherence to the law.
The legal dispute originated in 2017 when Google contested the application of federal privacy regulations to its search engine operations. Subsequently, the privacy commissioner sought judicial intervention, leading to the Federal Court of Appeal dismissing Google’s appeal in 2023.
The recent ruling represents a significant win for individuals advocating for the “right to be forgotten” in the digital realm in Canada. The commissioner clarified that individuals have the right, under specific circumstances, to request the removal of certain information to prevent it from appearing in online searches conducted using their name. This right is applicable when there is a genuine risk of harm to an individual, encompassing threats to their safety or dignity if certain personal information remains accessible through online searches.
The case in question involved articles related to a dropped criminal charge that reportedly caused direct harm to the individual, including social repercussions, missed job opportunities, and physical harm. The commissioner recommended that Google de-list these articles from searches using the individual’s name, while they would remain accessible online and visible in results for other search queries.
Google contended that the legal proceedings did not sufficiently address concerns regarding the impact on freedom of expression. A spokesperson for Google stated that the company is assessing the report but maintains the stance that the consideration of a “right to be forgotten” should be carefully weighed against the freedom of expression and access to information rights of Canadians, media outlets, and publishers, and should be determined by the courts.
