This is the question many are asking these days in light of the recent EU Court of Justice (ECJ) decision that requires search engines such as Google to remove personal data from search results when people request it. (For more background, I wrote about the ECJ decision last week.)
After the decision was released, critics attacked the right to be forgotten as impractical, undesirable, and antithetical to free speech.
In a momentous decision, the EU Court of Justice has ruled in favor of a Spanish man who sought to have links to his personal data removed from Google search results. Under what has become known as the “right to be forgotten,” EU citizens have a right to the deletion of certain personal data under the EU Data Protection Directive.
The EU Court of Justice has concluded that “the operator of a search engine is obliged to remove from the list of results displayed following a search made on the basis of a person’s name links to web pages, published by third parties and containing information relating to that person, also in a case where that name or information is not erased beforehand or simultaneously from those web pages, and even, as the case may be, when its publication in itself on those pages is lawful.”
I recently had the opportunity to interview Christopher Kuner, Senior Of Counsel with Wilson Sonsini Goodrich & Rosati in Brussels. He is also an Honorary Professor at the University of Copenhagen, a visiting fellow at the London School of Economics, and teaches at the University of Cambridge. He is editor-in-chief of the law journal International Data Privacy Law, and has been active in international organizations such as the Council of Europe, the OECD, and UNCITRAL. His book entitled “Transborder Data Flows and Data Privacy Law” was published in 2013 by Oxford University Press. More information is available at his personal web site.