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ARTICLE · 09 FEBRUARY 2018

Canada's Privacy Commissioner Recommends European-Style "Right To Be Forgotten"

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

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Recently, the Office of the Privacy Commissioner of Canada (OPC) released an important draft Position on Online Reputation (paper).

CanadaPrivacy

Recently, the Office of the Privacy Commissioner of Canada (OPC) released an important draft Position on Online Reputation (paper). The paper takes the position that current federal privacy legislation, the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA), entitles individuals to ask search engines to de-index web pages that contain inaccurate, incomplete or outdated information about them, and creates a corresponding obligation by search engines to remove such web pages from search results. The paper also calls for procedures that would allow removal or amendment of information at the source in certain circumstances – meaning removal or amendment of the content from the actual website that posted the information, rather than simply de-indexing from search results.

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