Thursday, March 24, 2016

“Right to be Forgotten”: CNIL condemns Google 100 000 euros fine – Point

The National Commission on Informatics and Liberties (CNIL) said Thursday it has ordered Google to a fine of 100 000 euros for not having agreed to dereference information about individuals on all extensions of its engine research. The CNIL had initiated sanctions proceedings against the American group, who had ignored a notice to proceed with de-referencing on all versions of its search engine. The dispute comes from the interpretation of a decision of the Court of Justice of the European Union (CJEU) which enshrined the “right to be forgotten” Digital in May 2014, giving citizens – under certain conditions – the availability of search engines the information regarding delisting directly.

Google has agreed to implement the “right to be forgotten” for searches made from extensions its European site (like google.fr or google.de but not google.com). The group also challenged “the idea that a national agency for data protection authority claims a globally to control information that are available to users worldwide.” “The option of varying the rights of people based on the geographical origin of those consulting the [relevant site] does not allow people to benefit from the full effect of their right to dereference”, argued the CNIL Thursday.

“Contrary to Google, the delisting of all extensions does not limit freedom of expression to the extent that it involves no removal of content on the internet,” added institution. Google risked a fine of 150 000 euros – much less than the 20 million or 4% of turnover provided for in the draft digital Republic law and a future European regulation currently under discussion. The US group must now come into compliance with the decision of the CNIL. However, it may challenge it before the Council of State.

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