As discussed in my webinar Doing Business Overseas, What Changes on the Cyber Front, different rules apply for companies doing business overseas. Google was forced by a European Court of Justice ruling in May of 2014 to delete information on individuals no longer deemed to be relevant. In a case brought by a Spanish citizen asserted that Google Spain provided links to a published news article concerning a Spanish citizen’s house being auctioned to cover tax debts. The debt was resolved prior to the auction. The citizen requested that the links to the news article be removed from the list of results for his name. The court ruled in the citizen’s favor that EU data protection laws applied and thus affirmed a “right to be forgotten” within the European Union. Similar laws are under consideration in Lain America and Asia.
Google has thus far applied the rule on a territorial basis. Thus EU citizens have a right to petition Google to have information removed for searches with in the Google European domains. In effect if you search for information on Google.es (Spain) or Google.uk (United Kingdom), or some other EU extension, the result is removed. This has not been the case with searched on Google.com (the U.S. domain).
Recently, France rejected this territorial limitation and demands that the information be removed from Google searches regardless of the domain. France has threatened to fine Google €1000/day until it complies. Google has rejected the demand citing a rejection of one nation’s or authority’s ability to censor Internet content on a global basis.
This debate between privacy advocates and information transparency advocates is far from complete. The right to be forgotten represents one of the challenges of technological capability advancing faster than policy.
To listen to Kevin Newmeyer’s webinar “Doing Business Overseas, What Changes on the Cyber Front” and other webinar’s hosted by the NCI, visit out webinar page.
If you are interested in a career in cybersecurity the NCI offers courses and programs for you to earn your degree.
Hern, A. (2015, July 30). Google says non to French demand to expand right to be forgotten worldwide. The Guardian. Retrieved from http://www.theguardian.com/technology/2015/jul/30/google-rejects-france-expand-right-to-be-forgotten-worldwide
Implementing a European, not global, right to be forgotten. (n.d.). Retrieved August 5, 2015, from http://googlepolicyeurope.blogspot.com/2015/07/implementing-european-not-global-right.html
Manjoo, F. (2015, August 5). “Right to Be Forgotten” Online Could Spread. The New York Times. Retrieved from http://www.nytimes.com/2015/08/06/technology/personaltech/right-to-be-forgotten-online-is-poised-to-spread.html
Travis, A., & Arthur, C. (2014, May 13). EU court backs “right to be forgotten”: Google must amend results on request. The Guardian. Retrieved from http://www.theguardian.com/technology/2014/may/13/right-to-be-forgotten-eu-court-google-search-results