Google fined 100 thousand euros for violating the right to oblivion
The French regulator of the Internet - the National Commission for Information Technology and Civil Liberties (CNIL) - has fined Google for violating the right to oblivion.
Right to oblivion
The right to oblivion is a fairly new rule, according to which any user can require search resources to remove information about him from search results, which is invalid or outdated.
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The right to oblivion (right to be forgotten or right to erasure) became applicable after the decision of the European Union Court of May 13, 2014 in the case of Google Spain SL, Google Inc. v AEPD, Mario Costeja González . The case concerned the requirement to remove information about the Spanish citizen Mario Costeja González, in particular that his house was put up for sale at auction due to the fact that he did not pay social payments on time.
The situation in Russia
In Russia, this rule is valid from January 1, 2016. It was introduced on the basis of amendments to the Federal Law No. 149- “On Information, Information Technologies and Protection of Information” .
Russian search engines strongly criticized the introduction of this rule because it imposes additional burdensome duties on them. There were also positions that this rule would violate freedom of expression and change history. The application of this rule was even compared with the ability to tear out any pages from the books in the library that the reader did not like.
Yandex , for example, makes the following arguments:
For what Google is fined
Google was penalized for not mentioning the user of the search results in all domain zones: information that should have been forgotten was removed from search results on Google.fr, but this information remained on Google.com.
When trying the case in the Commission of the French Regulator, Google suggested the following solution: in addition to removing information from search results in European domain zones, automatically filter search results based on the geographical location of the person who makes the search query.
But the French regulator did not agree with this proposal for the following reasons. Firstly, those living outside Europe who are familiar with such a user may see information about the user, which should not appear in the search results. Secondly, someone living in Europe but using a non-French IP address can get this information on Google.com. Thirdly, there are ways to circumvent the filters proposed by Google, with which you can change the geographical origin of the IP address.
Information on the CNIL decision is here: cnil.fr
Right to oblivion
The right to oblivion is a fairly new rule, according to which any user can require search resources to remove information about him from search results, which is invalid or outdated.
')
The right to oblivion (right to be forgotten or right to erasure) became applicable after the decision of the European Union Court of May 13, 2014 in the case of Google Spain SL, Google Inc. v AEPD, Mario Costeja González . The case concerned the requirement to remove information about the Spanish citizen Mario Costeja González, in particular that his house was put up for sale at auction due to the fact that he did not pay social payments on time.
The situation in Russia
In Russia, this rule is valid from January 1, 2016. It was introduced on the basis of amendments to the Federal Law No. 149- “On Information, Information Technologies and Protection of Information” .
Russian search engines strongly criticized the introduction of this rule because it imposes additional burdensome duties on them. There were also positions that this rule would violate freedom of expression and change history. The application of this rule was even compared with the ability to tear out any pages from the books in the library that the reader did not like.
Yandex , for example, makes the following arguments:
What to do when requests to remove links to irrelevant information come from people whom we trust in our health or raising children? For example, when a doctor requires you to remove links to all resources with negative feedback about him. He motivates this by saying that the reviews were written long ago and the information is irrelevant. By law, the search engine must fulfill the requirement. As a result, users will find only good reviews, that is, access to some of the information will be limited.
For what Google is fined
Google was penalized for not mentioning the user of the search results in all domain zones: information that should have been forgotten was removed from search results on Google.fr, but this information remained on Google.com.
When trying the case in the Commission of the French Regulator, Google suggested the following solution: in addition to removing information from search results in European domain zones, automatically filter search results based on the geographical location of the person who makes the search query.
But the French regulator did not agree with this proposal for the following reasons. Firstly, those living outside Europe who are familiar with such a user may see information about the user, which should not appear in the search results. Secondly, someone living in Europe but using a non-French IP address can get this information on Google.com. Thirdly, there are ways to circumvent the filters proposed by Google, with which you can change the geographical origin of the IP address.
Information on the CNIL decision is here: cnil.fr
Source: https://habr.com/ru/post/300504/
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