Google Search Results Captured By Canadian Privacy Law

In Google LLC v. Canada (Privacy Commissioner), 2023 FCA 200, the Federal Court of Appeal recently determined that the federal privacy legislation, the Personal Information Protection and Electronic Documents Act ("PIPEDA"), applies to the Google search engine.

PIPEDA is the privacy legislation that applies to most private corporations in Ontario. It sets out rules to protect individuals' privacy while attempting to balance the commercial interests of private corporations. A cornerstone of PIPEDA is the requirement of corporations to obtain the consent of an individual to collect, use and disclose their personal information.

A complaint was made to the Office of the Privacy Commissioner of Canada ("OPC") alleging that the Google search results of the complainant yielded links to inaccurate, outdated and sensitive information about him contained in news articles. He alleged that Google's disclosure of this information was exposing him to harm. The OPC directed a