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