Google Nears Win in Europe Over 'Right to Be Forgotten' -- 2nd Update
January 10 2019 - 6:12AM
Dow Jones News
By Sam Schechner
Google and other search engines shouldn't be forced to apply the
European Union's "right to be forgotten" beyond the bloc's borders,
an adviser to the EU's top court argued Thursday.
The recommendation -- if followed by the EU's Luxembourg-based
Court of Justice -- would be a major victory for Google, a unit of
Alphabet Inc., which has for three years been fighting an order
from France's privacy regulator to apply the EU principle
globally.
Maciej Szpunar, an advocate general for the court, argued in
Thursday's nonbinding opinion that if the EU ordered removal of
content from websites accessed outside the EU, there was a danger
that other jurisdictions would use their laws to block information
from being accessible within the EU.
"There is a real risk of reducing freedom of expression to the
lowest common denominator across Europe and the world," Mr. Szpunar
wrote.
A final decision is expected in coming months from the court,
which isn't obliged to follow an advocate general's opinion, but
often does. No further appeal is possible within the EU.
Backed by an array of free-speech advocates, the tech company
has argued that expanding the territorial scope of the right to be
forgotten would infringe on other countries' sovereignty and
encourage dictators and tyrants to assert control over content
published beyond their countries' borders. The EU's executive arm
also argued in September that the right shouldn't be extended
overseas.
At issue in the case is the right, established by the court in
2014, for EU residents to demand that search engines remove links
containing personal information -- such as a home address -- from
searches for their own names. Under the 2014 ruling, search engines
must then balance those requests against the public's right to
associate the information in the link with that individual, taking
into account, for instance, whether the person is a public
figure.
Since that decision, Google has removed 1.1 million links from
search results in the EU. But it left those links intact for the
same searches conducted outside Europe.
In 2015, France's privacy regulator, CNIL, ordered Google to
expand its takedowns to any search for the given individual's name,
regardless of where the searcher is located. CNIL argued that the
right to be forgotten is empty if it can be dodged by spoofing
one's location, for instance by connecting to a VPN. The regulator
later fined Google EUR100,000 ($115,000) when it didn't comply.
Google appealed the order in a French court, which referred the
question to the EU's Court of Justice.
Thursday's opinion didn't entirely back Google. Mr. Szpunar, the
advocate general, recommended slightly expanding how Google applies
the right to be forgotten, so that it applies uniformly across all
Google websites in the EU.
Until now, the search engine has removed results from searches
for an individual's name from all European versions of its website,
and from non-EU Google sites when accessed from the EU country as
the person who requested removal is located. Google says it does
this because standards about removals vary from country to country
within the EU.
But the advocate general recommended ordering Google to use the
same geolocation technology to remove the results from all Google
websites when accessed from any EU country.
Write to Sam Schechner at sam.schechner@wsj.com
(END) Dow Jones Newswires
January 10, 2019 05:57 ET (10:57 GMT)
Copyright (c) 2019 Dow Jones & Company, Inc.
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