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ICO orders Google to remove links to websites

25/09/2015

At a glance

Last year the European Court of Justice ruled that EU citizens have the right to request for internet search engines such as Yahoo/Bing and Google to remove search results displaying their name, if the results of the search are irrelevant or outdated.

In detail

Where search engines refuse a request from an individual that individual can raise a complaint with the national privacy authority. In a recent case, Google removed links relating to a ten year old criminal offence after requests made under the ‘right to be forgotten’ ruling. However, the removal of the links made news and the stories contained reference to the individual’s name and information relating to the original crime. The individual made a further request that Google Inc. remove links to the new stories. Google refused the individual’s request claiming that it was an essential part of the recent news and in the public interest.

Last month the Information Commissioners Office (ICO) enforced the ‘right to be forgotten’ by issuing an enforcement notice requiring Google Inc. to remove within 35 days the nine links associated with the name of the individual. While the ICO recognised that the search results were connected with journalistic content that may be newsworthy and in the public interest, this did not justify the negative impact it would have on the individual’s privacy. It was thought that public interest could be adequately and properly met without a search made on the individual’s name.

The ICO deputy commissioner said: “the European court ruling last year was clear that links prompted by searching on an individual’s name are subject to data protection rules. That means they should not include personal information that is no longer relevant”.

Google has until today (22 September 2015) to remove the links to the individual’s name.

Shereen Elkins

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