A “Right to be Forgotten” in Canada?

By Richard Stobbe

A recent EU decision by the Court of Justice of the European Union (CJEU) has generated a lot of press since it involves a high profile company - Google - and a tantalizing concept of a “right to be forgotten”. The story stems from the efforts by a Spanish man to compel Google to remove search results that referred to the man’s prior financial history - in fact the references were to bankruptcy-related notices published by a Spanish newspaper years earlier. The online newspaper publication remains in place, but the CJEU’s decision touches on the indexing and display of the results in a Google search, which refer back to that online newspaper publication.

So what does this mean for Canada?

There has, as far as I am aware, no equivalent privacy-related decision relating to removal of search results by search engines in Canada. However, there are analogous rights in Canada for individuals to compel an organization to correct or delete personal information. And that would apply to the organization that has “collected, used or disclosed” the personal information.

In Canada, PIPEDA does contemplate the correction of personal information, the withdrawal of consent, and the deletion of personal information that has been collected. Those provisions still require the individual to make a request or a complaint in order to get a remedy.

In that sense the EU organization (in the EU context) in Google’s position then has to decide on the merits of that request or complaint, so the “right” may be subject to the interpretation of these subjective questions by a Google employee, considering all the different criteria that the EU decision has listed.

In Canada (in the PIPEDA context), the organization does not have to make the same kinds of assessments or value judgements - the question is simply whether the individual is withdrawing consent, or correcting information.

In the EU, the organization has to decide if “in all the circumstances” the info appears to be “inadequate, irrelevant or no longer relevant, or excessive” which requires the exercise of a lot more judgement. And more scope for disagreement.

How this is handled by Google, and how it may influence Canadian decisions on requests for removal of personal information, remains to be seen.

Calgary - 07:00 MST

1 Comment so far

  1. Richard Stobbe May 26th, 2014 12:05 pm

    Check out this article: Richard Stobbe interviewed by CBA National magazine: http://www.nationalmagazine.ca/Articles/May-2014-Web/Foreget-me,-Google.aspx

Leave a reply

You must be logged in to post a comment.


Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 118

Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 125
where can i purchase premarin buy premarin australia buy premarin canada online premarin purchase online buy premarin 0.625mg requip 1mg what is it used for order requip canada requip no prescription needed cheap requip online requip canada buy Maxalt drugs Maxalt online prescription buy Maxalt us how to buy arimidex arimidex 1mg side effects order arimidex overnight arimidex purchase overnight delivery order arimidex online no prescription buy generic arimidex uk buy requip 0.5mg uk order keflex uk buy atarax canada online atarax order online buy keflex online uk tenormin online without a prescription buy revia with visa where can i get revia without a prescription tenormin without a rx buy tenormin cheap Maxalt apotheke buy Maxalt epharmacist buy Maxalt legally Maxalt online no prescription buy Maxalt online us pharmacy order Maxalt no rx Maxalt buy Maxalt buy Maxalt no prescription uk buy Maxalt online purchase Maxalt buy Maxalt in england Maxalt overnight cod ordering maxalt online buy Maxalt cash on delivery Maxalt cheap mexican uk buy Maxalt Maxalt rezept buying Maxalt online discount Maxalt buy Maxalt visa no prescription Maxalt purchase cheap online Maxalt buy Maxalt american express Maxalt by mail buy Maxalt online us pharmacy buy Maxalt online now non rx cheap Maxalt purchase Maxalt online buy maxalt mastercard Maxalt prices Maxalt online prescription Maxalt tablets Maxalt prices Maxalt fedex shipping Maxalt 10mg buy valacyclovir australia requip uk buy requip no prescription online order cheap requip online cheap requip no prescription how to buy requip where to buy Premarin online prednisolone online uk Premarin 0.625mg what is it used for buy requip from canada is requip a prescription drug mail order requip Premarin purchase online cost of Premarin canada buy cheap Premarin online prednisolone online uk buy requip 1mg buy requip online usa order requip canada cheap requip online how to buy requip online pharmacy no prescription Requip Requip online purchase Requip buy cheap where can i buy Requip how to buy Requip without a prescription buy generic Requip uk online pharmacy Maxalt purchase maxalt without prescription to ship overnight buy Maxalt diet pills buy genuine Maxalt online buy pharmacy Maxalt waterview buy Maxalt Maxalt bestellen Rizatriptan Maxalt buy Maxalt usa buy Maxalt on line Xenical free consultation fedex overnight delivery buy cheap Xenical with dr. prescription orlistat no prescription want to buy Xenical in malaysia ordering Premarin online where to buy cytotec no prescription d3wwqa pharmacy where you can purchasr cytotec without prescription buy Arimidex online 1 mg no prescription Arimidex 1mg buy buy Requip australia no prescription how to by Requip online buy Requip 0,5mg canada buy Requip online no prescription uk buy Requip in australia online pharmacy Arimidex how to order Arimidex online without a prescription buy 0,5 mg Requip Requip ordering ordering Requip online without a precription Requip online sale without prescription buy Requip capsules Arimidex 1mg generic canada can you buy Arimidex online Requip online Arimidex no prescription required buy generic Requip australia generic Requip canada no prescription Requip on line pharmacy buy generic Arimidex online cheap Arimidex online pharmacy Arimidex buy generic Requip online buy Requip no prescription needed canadian pharmacy no prescription Requip Arimidex 1 mg no prescription Arimidex 1mg generic canada buy Requip 0,5mg no prescription buy Requip 0,5mg tablets buy 0,5mg Requip requip online for dogs requip buy where can i buy requip online cost of requip australia purchase Premarin online Arimidex online australia buy Arimidex cheap online buy Arimidex online canada buy Requip canada buy cheap Requip Requip online without prescription buy Arimidex no prescription uk 1 mg Arimidex how to order Arimidex online without a prescription arimidex tablets 1 mg no prescription australia buy requip online without a prescription no prescription Requip buy generic requip australia buy Arimidex store how to get arimidex buy Requip online without a prescription Requip generic