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ARTICLE · 16 JUNE 2014

Making Google forget - where to next?

Can Australians demand that Google delete their history?

AustraliaMedia, Telecoms, IT, Entertainment

IN BRIEF

The Court of Justice of the European Union (CJEU) recently held that Google must, if an individual requests, remove or block personal data from search results against the individual's name. Is there an equivalent right of deletion in Australia and are there plans for reform?

INTRODUCTION

The 13 May 2014 CJEU decision required Google to remove links to two 16-year old newspaper articles from its search results for Mr Costeja Gonzàlez, a Spanish national and resident. The articles referenced attachment proceedings against Mr Gonzàlez for the recovery of social security debts which had been resolved for many years.

Mr Gonzàlez lodged a complaint against the newspaper and Google, with the Spanish data protection agency in 2010. The complaint against the newspaper was dismissed as they had lawfully published the articles. The agency held that Google must remove the personal data from its search results notwithstanding that the newspaper did not have to

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