The federal privacy commissioner has stated that individuals possess the right to request the removal of certain information from search engine results, but Google is declining to adhere to these requests. In a significant ruling pertaining to the establishment of a “right to be forgotten” in Canada, Privacy Commissioner Philippe Dufresne recommended that Google remove articles related to a dropped criminal charge.
Despite the recommendation, Google has refused to de-list specific articles from search results when the individual’s name is searched. The commissioner’s office has expressed its intention to explore all available options to ensure Google’s compliance with the law.
This case, which originated in 2017, saw Google contesting the application of federal privacy regulations to its search engine. After the privacy commissioner sought judicial input, the Federal Court of Appeal in 2023 dismissed Google’s appeal, marking a victory for those advocating for a digital “right to be forgotten” in Canada.
The commissioner’s recent release highlighted that individuals have the right, under “limited circumstances,” to request the removal of certain information from online searches of their name to prevent potential harm to their safety or dignity. This right is applicable when the risk of harm outweighs the public interest in accessing the information through online searches.
The case in question focused on articles related to a dropped criminal charge that the individual argued caused harm, such as social stigma, missed job opportunities, and physical assault. The commissioner recommended that Google de-list these articles from searches of the individual’s name, although they would still be accessible online and appear in results for other search terms.
Google has stated that the impact on freedom of expression was not adequately considered in the court proceedings. A spokesperson for Google mentioned that the company is currently reviewing the report and maintains the position that the consideration of a “right to be forgotten” should be balanced with the freedom of expression and access to information rights of Canadians, the media, and publishers, and should be determined by the courts.