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ARTICLE · 17 OCTOBER 2019

Google's Win: Right To Be (Almost!) Forgotten Limited To EU

In the recent case of Google v CNIL (C-507/17) the European Court of Justice (ECJ) has sided with Google, by confirming the "right to be forgotten"

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In the recent case of Google v CNIL (C-507/17) the European Court of Justice (ECJ) has sided with Google, by confirming the "right to be forgotten" only requires Google to delete a relevant user's personal data on European Union (EU) versions of Google's search engine. Although the decision was made in the search engine context, it will apply more generally in the employer-employee relationship.

Good news then for employers and operators of online services. Less good news though for individuals, as curtailing the territorial scope of the erasure right will inevitably make it more challenging to manage online reputations and other personal information globally (outside the EU). Given the global scope and reach of the internet, does it make sense to find the relevant data is still available outside the EU, even though the same data has been removed in the EU following a successful personal data erasure right request? The mind boggles.

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