The federal privacy commissioner says individuals have the right to have some information de-listed from search engine results, but Google is refusing to comply.
In his decision in a long-running case that has been central to establishing the application of a “right to be forgotten” in Canada, Privacy Commissioner Philippe Dufresne recommended Google de-list articles about a criminal charge that was dropped.
In a press release, the commissioner’s office said Google won’t implement the recommendation to de-list specific articles in the search results for the individual’s name. The release said the office “is considering all available options to secure Google’s compliance with the act.”
The case first began in 2017, with Google challenging the application of federal privacy law to its search engine. The privacy commissioner asked the courts to weigh in and in 2023 the Federal Court of Appeal rejected Google’s appeal.
De-listing required in ‘limited circumstances’
The decision marked a victory for people seeking a digital “right to be forgotten” in Canada.
The release Wednesday said the commissioner found that individuals have the right, in “limited circumstances,” to have some information delisted, so that it doesn’t show up in online searches for their name.
The right “applies in situations where there is a risk of serious harm to an individual, including, as he has found in this case, a risk of harm to a person’s safety or dignity if certain elements of their personal information continue to be displayed through an online search for their name,” it said.
The right applies if “this risk of harm outweighs the public interest in that information remaining accessible through such a search.”
The case in question involved articles about a criminal charge that was dropped, which the individual said caused direct harm, including social stigma, lost job opportunities and physical assault.
The commissioner recommended Google de-list the articles for searches of that individual’s name, though they would continue to be available online and appear in results for other search terms.
According to Google, the court cases didn’t consider questions around impact on freedom of expression.
A Google spokesperson said the company is reviewing the report but remains “strongly of the view that consideration of a so-called ‘right to be forgotten’ must be appropriately balanced with the freedom of expression and access to information rights of Canadians, the news media and other publishers, and therefore should be determined and defined by the courts.”