The European Court of Justice shook up the privacy and Internet world last week by ruling that European data protection law includes a right to be forgotten with respect to search engine results that are “inadequate, irrelevant or no longer relevant.” As a result of the decision, search companies such as Google will be required to remove results from its index that meet this standard upon request.
My weekly technology law column (Toronto Star version, homepage version) notes that as people flock to remove content from the Google search index – reports indicate that the company began receiving removal requests within hours of the ruling – there remains considerable uncertainty about how to implement the decision, whether it will migrate to Canada, and if a new right to be forgotten will serve the cause of privacy protection or harm free speech and access to information.