Google files appeal in France opposing an order to apply Right to be Forgotten globally
While Google shows off its latest developments at
the I/O event in California, there’s been another development in the ongoing
legal fallout from the 2014 Right to be Forgotten ruling in Europe. Today,
Google said that it has filed an appeal in France’s Supreme Administrative
Court, the Conseil d’Etat, in opposition to a new, expanded order from the
French data protection regulator (CNIL): the CNIL wants RTBF requests and
delistings to apply to searches globally, not just in domains viewed in a
person’s home country.
The announcement of the appeal was made originally
in an opinion piece penned by Kent Walker, Google’s global general counsel, and
published today in France’s LeMonde
newspaper, where he also revealed that Google now
reviewed almost 1.5 million webpages and delisted around 40% of them
across Europe. Google subsequently published an English version of Walker’s op-ed
on its own blog.
Google’s appeal comes on the heels of the
search giant getting fined $112,000 in March after the CNIL decided that the current RTBF implementation —
which removes links across all Google domains within the individual’s country
in the EU — was not strong enough, and that it should be applied globally.
“Only a measure that applies to app processing by
the search engine, with no distinction between the extensions used and the
geographical location of the Internet user making a search, is legally adequate
to meet the requirement for protection as ruled by the Court of Justice of the
European Union,” said the CNIL statement. The CJEU is the body that made the
original RTBF ruling.
Up to now, the main argument from Google and others
against RTBF requests is that they could be used to restrict the free flow of
information — something that Google has said it’s against on principle, but
more pointedly also could undermine the company’s wider business model.
But Google’s opposition to the CNIL’s
expanded requirement takes things a little further: from Walker’s and
Google’s point of view, complying with CNIL would be setting a bad precedent
for international law and how countries today set and follow their own national
laws that may differ from those of other countries.
“As a matter of both law and principle, we disagree
with this demand,” he writes. “We comply with the laws of the countries in
which we operate. But if French law applies globally, how long will it be until
other countries – perhaps less open and democratic – start demanding that their
laws regulating information likewise have global reach? This order could
lead to a global race to the bottom, harming access to information that is
perfectly lawful to view in one’s own country… We have received demands
from governments to remove content globally on various grounds — and we have
resisted, even if that has sometimes led to the blocking of our services.”
On one hand, it’s unsurprising to see Google
opposing CNIL in this case: as the French regulator has tried to widen the scope
of RTBF before, Google has appealed those past stages — and lost. Losing or winning a case in one country has a wider
legal precedent for Google, as it will apply across the whole of the EU.
While there is definitely an argument to be made
about the sanctity of international law, the question will be whether it’s fair
to say that expanding RTBF globally is an accurate example of how this is being
violated.
For one thing, given how international and
borderless the Internet is, restricting where RTBF is being applied by
geography seems like an ineffectual way of addressing a person’s right to
privacy.
Similarly, it’s worth remembering that RTBF
delisting doesn’t remove pages from the Internet or search engine results
altogether. What they do is remove the ability to find those pages by searching
on the specific names of individuals that have requested the results to be removed.
The next step in the battle will see the French
court reviewing the case again in coming months.
Comments
Post a Comment