Will privacy ruling change the Internet?
STORY HIGHLIGHTS
- The EU Court of Justice ruling says Google must edit or remove search results
- In certain situations, people may request the search engine to remove unwanted results
- The ruling says Google should act as a "controller" and is responsible for data it links to
The case, which
spotlighted the clash between privacy and freedom of information
advocates, centered on a Spanish man's efforts to remove historic links
to his debt problems.
In its decision, the
European Court of Justice found operators of search engines such as
Google were the "controller" of information. They were therefore
responsible for removing unwanted links if requested.
"An Internet search
engine operator is responsible for the processing that it carries out of
personal data which appear on web pages published by third parties,"
the judges said in a statement about the ruling.
A Google spokesman, in an
email to CNN, said the ruling was "disappointing," and that the company
needed time to "analyze the implications." Google had previously argued
it was only hosting the data and said it was up to the individual
websites to remove the data.
The decision came as a
surprise to the industry and legal experts, as it ran contrary to the
court's Advocate General opinion, whose guidance is usually followed.
"For Google, this result
creates a headache -- and potentially huge costs," University of East
Anglia Law School lecturer Paul Bernal said. "The ruling looks like a
strong decision in favor of privacy and individual rights -- and against
the business models of search engines, and certain aspects of freedom
of speech."
The case arose in 2010,
when Mario Costeja Gonzalez complained to the Spanish Data Protection
Agency about an old newspaper notice detailing his social security
debts.
The advertisement was
placed in a Spanish newspaper by the Ministry of Labour in 1998. It
detailed a property auction being held to recover the debts.
Gonzalez argued that he
had long resolved his debts and the information was no longer relevant.
He complained that details about his old debts were coming up in Google
search results, which he said violated his data protection rights.
The Spanish privacy
watchdog rejected the complaint against the newspaper, saying it was
right to publish the information at the time of the auction.
However, it also said
that Google had no right to spread the news about Gonzalez further and
ruled that the search engine must remove the link from the list of
results. Google challenged the ruling with the Spanish High Court which
referred the case up to EU's top court.
International watchdog Index on Censorship said the ruling "violates the fundamental principles of freedom of expression."
"It allows individuals
to complain to search engines about information they do not like with no
legal oversight. This is akin to marching into






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