Landmark Court Ruling: Google Must Make Names Unsearchable, Opening the Door for ‘Right to Be Forgotten’
Google has been dealt a significant blow as the Federal Court of Appeal in Canada ruled that the search engine is covered by federal privacy law, potentially allowing individuals to demand that their names be made unsearchable, thus enabling the right to be forgotten. In a majority decision of 2-1, the court held that Google’s search engine does not fall within the exemption for journalistic or artistic work under the federal law.
The case originated from a complaint filed with the federal Privacy Commissioner in 2017 by an individual whose name and details remain confidential. The complainant argued that outdated and inaccurate information about him, found in online newspaper articles, was causing significant personal harm, including physical assault, employment discrimination, social stigma, and constant fear. His request was for the information to be delisted and made unsearchable, except for those who knew the specific website URLs featuring his name.
Google contended that it serves as an intermediary between publishers and their audience, similar to libraries or convenience stores. It maintained that excluding intermediaries would render the exemption for journalism ineffective. Several media organizations, including The Globe and Mail, CBC, CTV, Torstar, Postmedia Network, Rogers Media Inc., and La Presse Inc., intervened in support of Google, emphasizing the search engine’s crucial role in disseminating news.
The majority ruling dismissed Google’s argument, asserting that Google Search does not collect, use, or disclose personal information for journalistic purposes. Justice John Laskin wrote, Google’s purpose in collecting the information found in the newspaper articles is to index this information so that it can be easily found by an individual using the Google search engine. Its only purpose in collecting the information is to make it more accessible.
Lawyers representing the complainant welcomed the court’s decision, viewing it as a validation of privacy regulations aimed at safeguarding individuals against emerging technological privacy threats. The Office of the Privacy Commissioner expressed satisfaction with the court’s support of its position regarding the applicability of federal privacy law to Google’s search engine service.
The ruling now authorizes the Privacy Commissioner to review the complaint and decide whether to recommend the delisting of the complainant’s name from the search engine. However, it is expected that the case will ultimately reach the Supreme Court of Canada. Legal representatives for the media coalition involved in the matter have refrained from commenting, as has Google’s legal team.
This ruling represents a continuation of the ongoing debate surrounding the right to be forgotten, an issue that has gained attention globally. Europe and Quebec have already implemented laws allowing individuals to request the delisting of their names, striking a balance between privacy and the public’s right to know. It is important to note that this decision does not grant an automatic right to delisting but rather requires a case-by-case assessment of these competing interests.
The constitutional protection of freedom of speech did not factor into the court’s analysis in this case, as the questions before the court were deemed more limited in scope. The ruling focused on the interpretation of federal privacy law and the nature of Google’s search engine service.
As this decision has significant implications for both privacy and the dissemination of information, it is highly likely that the Supreme Court of Canada will be called upon to provide further clarity on this matter in the future.
