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French Data Protection Watchdog Rejects Google’s Search Delisting Appeal Posted Sep 21, 2015 by Natasha Lomas (@riptari) * 0 SHARES * * * * * * * * * Next Story Don’t Be Afraid Of Killer Robots, Says Yuri Milner [google-eu-flag.png?w=738] France’s data protection watchdog has rejected Google’s appeal against an earlier enforcement notice in which the CNIL told the company to expand search delisting requests across all its domains, not just European sub-domains as Google currently is. Google now faces the risk of enforcement action by the watchdog if it continues to avoid delisting across Google.com as well as Google.fr. Quick backgrounder here: Search delisting in Europe — often dubbed the ‘right to be forgotten’ (rtbf) — refers to a decision by Europe’s top court back in May 2014 ruling that search engines are data controllers and thus must comply with existing European data protection legislation. Specifically the judgement means private citizens in Europe have the right to request from search engines that outdated, irrelevant or inaccurate information associated with a search for their name be delisted from that specific name search. So it requires search engines make difficult value judgements about individuals making requests — such as whether a person has any public role — as well as evaluating the specifics of their request (e.g. what constitutes ‘outdated’ information?). Critics dub the ruling ‘censorship of information’. Yet it has also led to calls in the U.S. for greater pro-privacy protections for private individuals in an age of big data and instant access to information. One other thing that’s worth noting here is despite Google releasing only partial data about how it’s been implementing search delisting in Europe, it’s become clearer over time that the vast majority of Europeans requesting delisting are indeed private individuals looking to have personal information removed from the web — rather than corrupt public figures seeking to whitewash their reputations (as critics of the rtbf often claim). Returning to today’s French ruling, Google had appealed the earlier notice from the CNIL to expand delisting to Google.com but that’s now been slapped down by the data protection authority. The CNIL has been consistent in its position that Google should be applying delisting across all its domains. The argument being that not applying delisting universally leaves a trivial workaround which undermines the application of the law. The CNIL makes this point again in rejecting Google’s appeal today, as well as reiterating the often misinterpreted fact that ruling does not require any source information be deleted from the Internet — ergo, that information is still discoverable. Point being this is about the prominence of information, and individuals’ data protection rights as regards their personal information. The DP also refutes Google’s argument that delisting on dot.com constitutes an extraterritorial application of French law — saying it merely constitutes “full compliance of European law by non-European players offering their services in Europe”. A spokesperson for Google declined to comment on whether the company would be complying with the CNIL’s order or not, instead reiterating a previous statement on the matter — in which Google states: “We’ve worked hard to implement the Right to be Forgotten ruling thoughtfully and comprehensively in Europe, and we’ll continue to do so. But as a matter of principle, we respectfully disagree with the idea that a single national Data Protection Authority should determine which webpages people in other countries can access via search engines.” If Google does not comply it faces the risk of sanction actions by the CNIL. And it wouldn’t be the first time on that front. Last year, the CNIL fined Google €150,000 on another privacy matter, for merging multiple products’ privacy policies into one unified policy. Such small-scale financial penalties are easily shrugged off by company which reported revenues of $17.7 billion at last count. However the European Union is in the process of updating the region’s data protection regulations — with larger financial penalties for breaches being negotiation — of potentially up to 5 per cent of a company’s global turnover. A fine that runs to a hundred million dollars would be a far more prominent price on privacy. * 0 SHARES * 0 Share * 0 Tweet * 0 Share * 0 * 0 * 0 * * Advertisement Advertisement CrunchBase * Google + Founded 1998 + Overview Google is a multinational corporation that is specialized in internet-related services and products. The company’s product portfolio includes Google Search, which provides users with access to information online; Knowledge Graph that allows to search for things, people, or places as well as builds systems recognizing speech and understanding natural language; Google Now, which provides information … + Location Mountain View, CA + Categories Search, Email, Blogging Platforms, Information Technology, Video Streaming, Software + Website http://www.google.com + Full profile for Google TechCrunch Newsletters [ ] TechCrunch Daily Our top headlines Delivered daily [ ] TC Week-in-Review Top stories of the week Delivered weekly [ ] CrunchBase Daily The latest startup funding announcements Delivered daily [ ] TC Europe The top European tech stories Delivered weekly [ ] TC Gadgets Top stories about gadgets Delivered weekly [ ] TC Mobile & Apps Top stories about apps Delivered weekly [ ] TC Startups Top stories about startups Delivered weekly [ ] TC Social Media Top stories about social Delivered weekly [ ] TC Asia The top Asian tech stories Delivered weekly [ ] Crunch Network The best from our contributors Delivered weekly View More Enter Address ____________________ (BUTTON) Subscribe Latest Crunch Report * Facebook Sports Stadium Wants to Be Your New Sports Hub | Crunch Report Facebook Sports Stadium Wants to Be Your New Sports Hub | Crunch Report Watch More Episodes * privacy * cnil * Google * rtbf * Europe * Popular Posts Featured Stories * French Data Protection Watchdog Rejects Google’s Search Delisting Appeal Don Baer On Politician's Approach To Technology VIDEO | 12:03 | Breaking News * Werner Herzog On His Documentary Lo And Behold, Cockroach Movies And Moving To Mars Werner Herzog On His Documentary Lo And Behold, Cockroach Movies And Moving To Mars 1 hour ago | Matthew Panzarino * Get Ready For A Smaller iPhone 6s Mini Get Ready For A Smaller iPhone 6s Mini 4 hours ago | Romain Dillet * Netflix Makes Good On Promises To Crack Down On VPNs, But Blocks Are Short-Lived Netflix Makes Good On Promises To Crack Down On VPNs, But Blocks Are Short-Lived 5 hours ago | Sarah Perez * Forthcoming Samsung Galaxy S7 Benchmarks Leak Forthcoming Samsung Galaxy S7 Benchmarks Leak 11 hours ago | Natasha Lomas Latest From Europe * At Davos, Kevin Spacey Predicts That Tech Firms Will Follow Netflix Into Media At Davos, Kevin Spacey Predicts That Tech Firms Will Follow Netflix Into Media yesterday | Mike Butcher * MariaDB Raises $9M More, Michael Howard Named New CEO, Monty Widenius CTO MariaDB Raises $9M More, Michael Howard Named New CEO, Monty Widenius CTO yesterday | Ingrid Lunden * Kickstarter Needs Better Ways To Sanity-Check Complex Hardware Projects, Says Zano Review Kickstarter Needs Better Ways To Sanity-Check Complex Hardware Projects, Says Zano Review yesterday | Natasha Lomas * PieSync, The Belgium Startup That Syncs Contacts Across Cloud Apps, Raises $1.6M PieSync, The Belgium Startup That Syncs Contacts Across Cloud Apps, Raises $1.6M yesterday | Steve O'Hear Up Next Don’t Be Afraid Of Killer Robots, Says Yuri Milner Posted Sep 21, 2015 CrunchBoard Job Listings * Principal Analyst - Marketing Technology CarMax * Architect - Enterprise Information CarMax * Senior Software Developer - Web Development CarMax * Online Systems Platform Manager CarMax * Team Manager- CRM CarMax More from CrunchBoard Advertisement TechCrunch [crunch-network.jpg] * News * TCTV * Events * CrunchBase About * Staff * Contact Us * Advertise With Us * Send Us A Tip International * China * Europe * Japan Follow TechCrunch * Facebook * Twitter * Google+ * LinkedIn * Youtube * Pinterest * Tumblr * Instagram * StumbleUpon * Feed TechCrunch Apps * iOS * Android * Windows 8 Subscribe to TechCrunch Daily Latest headlines delivered to you daily [X] Subscribe to Subscribe to TechCrunch Daily Enter Email Address ____________________ (BUTTON) Subscribe © 2013-2016 AOL Inc. 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