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French Data Protection Watchdog Rejects Google’s Search Delisting Appeal
Posted Sep 21, 2015 by Natasha Lomas (@riptari)
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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right to request from search engines that outdated, irrelevant or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the specifics of their request (e.g. what constitutes ‘outdated’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.
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* 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
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