Post Tagged with: "right to be forgotten"

Google (fisheye) by Kristina Alexanderson CC BY 2.0 https://flic.kr/p/ae36ah

The Law Bytes Podcast, Episode 244: Kris Klein on the Long Road to a Right to be Forgotten Under Canadian Privacy Law

The “right to be forgotten” – perhaps better characterized as a right to de-index –  has been a hotly debated privacy issue for well over a decade now, pitting those that argue that the harms that may come from the amplification of outdated but accurate content outweighs the benefits of maintaining such content in search indexes. The issue gets its start in Europe, but the Canadian experience has featured privacy commissioner findings and investigations alongside court rulings and provincial reforms. 

Kris Klein is one of Canada’s leading legal experts on privacy, access to information and information security issues. He is the founder and managing partner of nNovation LLP, a leading boutique firm specializing in data protection, the Managing Director of IAPP Canada, and teaches the Privacy Law course at my faculty at the University of Ottawa. He joins me on the Law Bytes podcast to discuss the background behind the right to be forgotten, the recent OPC finding, and what may lie ahead on the issue.

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September 22, 2025 2 comments Podcasts
google-right-to-be-forgotten-banner by EFF, (CC BY 3.0 US) https://www.eff.org/deeplinks/2019/09/european-courts-decision-right-be-forgotten-case-win-free-s

The Law Bytes Podcast, Episode 95: Mark Phillips on the Federal Court of Canada’s Right to be Forgotten Ruling

Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name. Earlier this month, the federal court released its decision, concluding that it does.

Mark Phillips is a Montreal-based lawyer practicing primarily in the areas of privacy, access to information, civil litigation, and administrative law in both Quebec and Ontario. His client – whose identity remains confidential under order of the court – filed the complaint that ultimately led to federal court decision. He joins the Law Bytes podcast to talk about the case, where the right to be forgotten stands under Canadian law, and what might come next.

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July 19, 2021 2 comments Podcasts
Facebook: The privacy saga continues by Ruth Suehle for opensource.com (CC BY-SA 2.0) https://www.flickr.com/photos/opensourceway/4638981545/sizes/o/

The LawBytes Podcast, Episode 11: Reinterpreting Canadian Privacy Law – David Fraser On Cross-Border Data Transfers, the Right to De-Index, and the Facebook Investigation

Daniel Therrien, the Privacy Commissioner in Canada, is in the courts battling Google over a right to de-index. He’s calling for order making after Facebook declined to abide by his recommendations. And he’s embarked on a dramatic re-interpretation of the law premised on incorporating new consent requirements into cross-border data transfers. David Fraser, one of Canada’s leading privacy experts, joins the podcast to provide an update on the recent Canadian privacy law developments and their implications.

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May 13, 2019 Comments are Disabled Podcasts
Google Search Engine CC0 Creative Commons https://pixabay.com/en/google-search-engine-76522/

Does Canadian Privacy Law Apply to Google Search?

Last week, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” issue. Yet a careful read of the application reveals that the case isn’t about the right to be forgotten. Rather, it involves a far more basic issue: is Google’s search engine service subject to PIPEDA, Canada’s private sector privacy law? The case arises due to a right-to-be-forgotten complaint (a complainant wants search results referencing news articles they say are outdated, inaccurate, and disclose sensitive information removed from the Google search index), but the court is not being asked whether the current law includes a right-to-be-forgotten. Instead, the very application of Canadian privacy law to Google search is at stake.

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October 16, 2018 8 comments News
RTBF event http://www.cjf-fjc.ca/j-talks/striking-balance-privacy-and-freedom-expression-digital-age

Striking the Balance: Privacy and Freedom of Expression in the Digital Age

The Canadian Journalism Foundation and CIPPIC partnered on a terrific event yesterday on privacy and freedom of expression in the digital age.  The event, held at the Globe and Mail Centre in Toronto, focused on the right to be forgotten. It included conversations with Privacy Commissioner of Canada Daniel Therrien, Google’s Peter Fleischer, and a debate between David Fraser and Keith Rose. I was featured on the final panel in a conversation with the Globe and Mail’s Susan Krashinsky Robertson. The discussion, embedded below, focused on a wide range of privacy issues, including the need to update PIPEDA, pressure from the EU to improve Canada’s privacy law, how to foster meaningful consent, and the right to be forgotten.

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April 5, 2018 Comments are Disabled News