In May 2014, in a landmark ruling, the European Court of Justice established the “right to be forgotten,” or more accurately, the “right to delist,” allowing Europeans to ask search engines to delist information about themselves from search results. In deciding what to delist, search engines like Google must consider if the information in question is “inaccurate, inadequate, irrelevant or excessive”—and whether there is a public interest in the information remaining available in search results.
Under the right to be forgotten, Europeans can ask for information about themselves to be removed from search results for their name if it is outdated, or irrelevant. From the outset, we have publicly stated our concerns about the ruling, but we have still worked hard to comply—and to do so conscientiously and in consultation with Data Protection Authorities. To date, we’ve handled requests to delist nearly 2 million search results in Europe, removing more than 800,000 of them. We have also taken great care not to erase results that are clearly in the public interest, as the European Court of Justice directed. Most Data Protection Authorities have concluded that this approach strikes the right balance. But two right to be forgotten cases now in front of the European Court of Justice threaten that balance. Continue reading “Defending access to lawful information at Europe’s highest court”