Le Monde | • Updated | By
Google does not agree with the Commission National Data and French (CNIL). In a note published Thursday, July 30 on the European blog search engine, it asks the CNIL, the French authority in charge of data protection, not to apply the controversial “right to be forgotten” – that we should rather call right to dereference. – on all its versions and confined him to his only European versions
The right to dereference has been recognized by the Court of Justice of the European Union (CJEU ) in spring 2014. According to the Luxembourg Court, a user can ask Google not to display information in its search results “inadequate, or no longer relevant or excessive” on the (outdated information , abusive web pages, etc.).
Google, although contesting the validity of the decision, quickly set up a form and team to process applications, which were quick pouring. Now a user can request that information about the no longer appears when entering his name in a search engine. This mechanism is confined to European versions of the search engine: information may be redacted when entering eg the name of a person on Google.fr, but appear when the research is done on Google.com
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Read the story: How Google applies the “right to be forgotten ‘in Europe
This distinction has been denounced repeatedly by the CNIL, to the extent that the latter sent at least June, an injunction to the American search engine. According to the CNIL, the decision of the ECJ requires the search engine to remove the offending information of all search results, not just those resulting from research on a European version of the engine.
For Google, which calls CNIL withdrew his injunction, it is a logic that “may have serious disincentives” on the web.
“If the right to be forgotten is now the norm in Europe, this is not the case worldwide. There are countless cases where what is illegal in one country is not in another. This approach represents a race to the bottom: in the end, the Internet would be just as free as the least free place in the world. “
The search engine believes that ” no country should have the power to control the content that someone in another country, can access “ and highlights as in the French case, extend the right to dereference a global scale would be “disproportionate” , since “the vast majority of Internet users are using a European version of the engine Research “.
In response, the CNIL has announced it ” watching the arguments and [answer] this action within the period legal to two months. ” It also reserves “the possibility of a repressive phase” . In case of sanction, Google must pay a fine of up to 150,000 euros.
Google had until July 30 to comply with the injunction of the Commission or challenge it. A CNIL is now reported that Google’s request will be reviewed and a response will be given within two months. After this period, if Google’s arguments are rejected, the CNIL will begin a Phase repressive
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