The Myths & Realities Of How The EU’s New “Right To Be Forgotten” In Google Works. Depending on what you read, a “Right To Be Forgotten” court ruling in the European Union this week means that now anyone can ask for anything to be removed from Google, which will soon collapse under an overwhelming number of requests. In reality, it’s far more limited than it sounds, though the ruling does raise serious concerns. Here’s a Q& A on how things really will work, as best we can tell. NOTE: Since this article was written, Google now has created a process for removals.
See our follow- up story: How Google’s New “Right To Be Forgotten” Form Works: An Explainer. Is it true that anyone in the EU can have anything removed from Google and other search engines? No. But anyone can ask to have things removed. That’s not a guarantee that it will happen. How does someone make a removal request? The court ruling simply says that they make this to Google or any search engine without giving specifics.
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Since this is so new, there have been no formal mechanisms established, in contrast to systems that Google (and other search engines) have for dealing with copyright infringement removal requests (commonly called DMCA requests). Is the content entirely removed from Google and other search engines for all searches or just for someone’s name? That’s unclear. It seems pretty likely to be tied to people’s names — that if you search on someone’s name, and they’ve had a right- to- be- forgotten censorship request upheld, then the listing won’t appear. For example, say someone named Jamie Doe went bankrupt, and there was a newspaper article written about that which begins showing up in Google for searches for “Jamie Doe.” The listing for that article might get removed. It’s not clear whether the search engines would be required to remove the listing for searches for someone’s name plus other words, such as “Did Jamie Doe go bankrupt?” It’s seems likely, but it’s not certain. It’s more likely that the document can remain as long as you’re searching generically and not using someone’s name.
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For example, it might be OK to appear for a search on “bankrupt.” But again, we don’t yet know until some actual cases like this get acted upon. I heard a pedophile already made a request to be “forgotten” in Google!
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Someone who was convicted of having child pornography did make such a request. Google’s also had nine other requests that may make some question the wisdom of this new right, when balanced against the public’s right to know. Watch Make Way For Tomorrow Online (2017). We don’t know how these requests were made specifically to Google, but likely they came to Google though one of its many contact mechanisms. Read more in our article on Marketing Land: Who decides if something will be removed?
It’s up to the search engine initially, but it can choose to reject a request. It is not required to simply remove anything someone wants taken down.
If the search engine rejects a request, is there an appeal process? Yes, or at least government bodies that someone can turn to. The official EU court ruling summary says that if a search engine rejects a request, the person can appeal to a “supervisory authority or the judicial authority.” That seems to mean turning to either a privacy regulator or the courts of any of the EU’s member countries.
Will the government appeal always be upheld? No. The court ruling says that information can’t be removed if it will interfere with the “preponderant interest of the general public in having, on account of its inclusion in the list of results, access to the information in question.”So the EU says you have both a right to be forgotten and a right for people to find you? Effectively, yes. This week’s ruling seems to give more weight to the right to be forgotten. But it acknowledges people in the EU have a fundamental right to also access information, and the language of the ruling suggests that either the search engines or the government bodies are supposed to balance these two rights against each other and make the correct call. Can you give me an example of where the public would supposedly no longer need to know something about someone? This ruling came about because a Spanish man objected that a listing about an auction of his property to cover debts owed to the state was showing up in Google.
The state had ordered the auction be publicized in a newspaper so that, as the EU ruling says, it “was intended to give maximum publicity to the auction in order to secure as many bidders as possible.”The newspaper notice that lead to the EU’s Right To Be Forgotten ruling. That 1. 99. 8 newspaper article (really, a copy of an entire newspaper page with the notice) was showing up in Google long after the auction happened.
That’s also long after the purpose for the order, to generate bidders for the auction, had ended. The main “purpose” was no longer needed, so there’s an argument that it being “forgotten” wouldn’t be harmful to the public in general. Of course, there’s a counter- argument that the public might be served knowing that a particular person had a debt issue, especially if they were going to do business with them. That’s part of the balancing act that’s supposed to be considered now. So Google will make these decisions?
If it was smart, it wouldn’t, except in very limited cases. Those cases might be the reasons where Google already makes such decisions, such as when social security numbers or credit card numbers are published online.
Removing that type of information isn’t controversial. Making a judgment call on whether a story about someone convicted for having child porn is controversial. But doesn’t Google have to make these decisions? No, it does not. One strategy would be for Google (or any search engine) to decide not to decide. Any request it receives, it could respond that unless the request relates to some very specific situations, it will be rejected because Google doesn’t believe it can fairly judge between the right of privacy and the right of free speech. Instead, Google could recommend that someone go to a particular country’s privacy agency for a ruling and let that agency make the call. Won’t the privacy agencies hate Google routing all requests to them for judgment?
Maybe, especially if they get overwhelmed by requests. But that’s not Google or any search engine’s problem. It’s the EU’s problem. An EU court ordered up this new right; that right includes the ability for a search engine to reject an initial request. Ultimately, it’s the privacy regulators or courts that have to make the call. Won’t Google rejecting requests cause it to get bogged down in expensive legal cases?
Not necessarily. Google already rejects plenty of DMCA requests, if they’re not done properly. Google will only get bogged down in a legal case if wants to. If someone is sent to do an appeal, Google doesn’t have to turn up to fight its case against that person. Watch Pi HD 1080P. It did that with the initial ruling because it didn’t want this type of “right to be forgotten” established in the way it was. But now that it has been, it doesn’t have to fight each and every case. Doesn’t the information stay online, even if it’s removed from Google and other search engines? Yes. Isn’t that crazy?
People can still find it! They could, but not nearly as easily. That’s part of what the EU court seemed concerned about, that search engines make it easy to effectively pull together a profile on individuals in a way that might violate individual privacy rights.