Privacy Commissioner: Search Engines Have A Duty To Protect Online Reputations

In my practice, I've consulted with, and represented, individuals and corporations who have had inaccurate and, sometimes, hateful statements written about them online. In a recent case, those statements became the number one hit on Google when the client's name was searched. The Office of the Privacy Commissioner of Canada ("OPC") in a January 2018 position paper entitled, Draft OPC Position on Online Reputation illuminated the issue of the responsibility of search engines for an individual's reputation.

Specifically, the OPC stated that it "is of the view that the Personal Information and Electronic Documents Act S.C. 2000, c. 5 ("PIPEDA") applies to a search engine's indexing of online content and display of search results. As such search engines must meet their obligations under the Act."