Canada’s Privacy Commissioner Pushes For Digital ‘Right To Be Forgotten’

Canada’s Privacy Commissioner says people have the right, in some cases, to have personal information removed from online search results, however Google is refusing to comply.

The case revolves around an individual who faced a criminal accusation, which eventually got dismissed. Despite this, the articles surrounding his charges continue to appear whenever the person’s name is searched on Google.

The individual argued that this has caused them serious harm, including “physical assault, lost employment opportunities, and severe social stigma,” according to a news release by The Privacy Commissioner published on Wednesday.

The release reports that Privacy Commissioner Philippe Dufresne conducted an investigation of the complaint, stating that Google violated the Personal Information Protection and Electronic Documents Act (PIPEDA), a federal privacy law.

The Privacy Commissioner ordered Google to remove the articles from search results so users could no longer find them through name-based searches. However, the articles would still remain online and could be found in other ways.

“Individuals have the right, under Canadian privacy law, to have information about them de-listed from online searches for their name in certain circumstances when there is a significant risk of harm that outweighs the public interest in that information remaining accessible through such a search,” said Dufresne.

The Commissioner stressed that this right applies only in “limited circumstances,” such as when the information is outdated, inaccurate, relates to minors, or poses risks to dignity and safety. His office noted that it is considering “all available options to secure Google’s compliance with the act.”

Google, however, has pushed back. A spokesperson said to CBC that the company is reviewing the report but is “strongly of the view that consideration of a so-called ‘right to be forgotten’ must be appropriately balanced with the freedom of expression and access to information rights of Canadians, the news media and other publishers, and therefore should be determined and defined by the courts.”

The battle over whether Canadians have a digital “right to be forgotten” has been ongoing since the original complaint was filed in 2017. Courts have repeatedly ruled that Google’s search engine is covered by privacy law, but the company still refuses to enforce the Commissioner’s recommendation.