Posts Tagged: "right to be forgotten"

The Global Implications of the CJEU’s Ruling in Google ‘Right to Be Forgotten’ Case

On September 24, the Court of Justice of the European Union (CJEU) delivered its decision in case C-507/17, Google v. CNIL regarding the territorial scope of the “right to be forgotten”. Google Inc. had filed an appeal with the French Council of State (FCS), the Highest Administrative Court in France, requesting the annulment of a decision by the French Data Protection Authority (CNIL), which imposed a penalty of EUR 100,000 (approximately USD 110,300) on Google. The case arises from a request to Google by a natural person for deletion of certain links from the list of results displayed following a search of his name (“request for de-referencing”). In response, Google refused to remove certain content from all versions of the domain name of its search engine (i.e., worldwide), leading to the penalty imposed by the CNIL. The FCS then made a request for preliminary reference to the CJEU for guidance on the interpretation of the “right of de-referencing”, popularly known as the “right to be forgotten”.

The ‘right to be forgotten,’ an EU regulation washing up on American shores

In June, authorities in France served a formal notice to Google that it must delete certain links from it’s Google.com domain on a legal basis known as ‘the right to be forgotten.’ The right to be forgotten is implicated when an individual contacts a search engine company, such as Google, asking for a search result to be de-listed, essentially taking it out of their available search results. The provider assesses whether the privacy issue at stake has enough merit to de-list the link. If they don’t, the individual then has another avenue to take with a regulatory agency which may overturn the search engine provider’s decision.