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ARTICLE · 28 MAY 2014

What Is This "Right To Be Forgotten" Anyway?

Borden Ladner Gervais LLP
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The European Court of Justice ruled that Google must provide users with a right to delete links about them, in certain circumstances.

CanadaPrivacy
Barbara McIsaac, K.C.
Barbara McIsaac, K.C.
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Many of you will have read recently about a decision of the European Court of Justice ruling that Google must provide users with a right to delete links about them, in certain circumstances. The case arose in Spain and involved a request for a ruling on EU Directive 95/46 on the Protection of Personal Information (Directive). The Spanish Data Protection Agency and Google Spain and Google Inc. were the parties.

In the ruling, which can only be considered a landmark, the Court ruled that the automatic indexing of information containing personal data "must be classified as 'processing of personal data'". Accordingly,  "the operator of the search engine [Google] must be regarded as the 'controller' in respect to that processing..."

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