( Reuters ) – Google may limit the "right to oblivion" to internet searches being conducted in the European Union, a Supreme Court adviser to the bloc on Thursday told Giant against a French fine.
The judges of the European Court of Justice usually follow the advice of the Advocate General within two to four months, although they are not obliged to do so.
Maciej Szpunar's opinion was welcomed by Google. who completed a hearing with France's data protection officer Hörner after being fined in 2016 for not delicately sending sensitive information beyond the borders of the EU.
"We have worked hard to ensure that the right of oblivion for Europeans, including geolocalization, is 99% effective," said Peter Fleischer, Google's chief privacy officer.
The French Data Protection Authority CNIL stated that it took note of the opinion and affirmed its view that the right to privacy should apply, regardless of the geographical origin of the person conducting an internet search.
Europeans had the right to ask search engines to do certain searches To delete information about them in a landmark issued five years ago, in a decision based on a balance between a person's right to privacy and the public's right to know it, the content will not appear in the search results.
Szpunar said searches from outside should not be affected by this term Referencing of information.
"The fundamental right to be forgotten must be weighed against other fundamental rights, such as the right to privacy and the right to privacy and the legitimate public interest in accessing the information sought. ", He said.
Having established the right to be forgotten in the EU, a search engine company should do everything possible to remove entries, including the use of geoblocking in the event that the IP address of a device is connected to the device within the EU, Szpunar added.
Google, which estimates that it has removed 2.9 million links under the right to be forgotten, had filed a fine of € 1
In a second dispute between a group of individuals and CNIL, Szpunar stated that the processing of certain types of data should be banned also applies to search engine operators.
In this case, the CNIL rejects the removal of links found in the search by names of individuals.
This included a satirical photomontage of a politician; an article referring to an interested party as a PR staff member of the Church of Scientology; the investigation of a male politician; and the conviction of another party for sexual assault against minors.
In a separate transparency report on the removal of European search engines, Google states that around nine out of ten applications come from private individuals.
Cases involving public figures An example: Google declined to remove a link to a German newspaper article criticizing an artist's work.
In another case, most requests to remove links to a senior executive of a major British corporation refused a long prison term for fraud.
The views of Szpunar were welcomed by Article 19, a UK-based legal group focused on freedom of expression:
To see around the world, "said Article 19 Executive Director Thomas Hughes, adding that he hoped judges of the court would support Szpunar.
Letter from Douglas Busvine, in addition re porting of Philip Blenkinsop and Peter Maushagen in Brussels, edited by Elaine Hardcastle and Alexander Smith )