Google: Right to oblivion, valid obligation are in Europe

Google: Right to oblivion, valid obligation are in Europe

The Court of Justice of the European Union has established that the so-called Right to oblivion it cannot be applied worldwide, which means that companies like Google they will not be obliged to respect it outside the EU borders. The ruling follows a confrontation between the same company in Mountain View and CNIL, the transalpine privacy guarantor.

The Right to be forgotten states that a user may request search engines to remove links to content that concerns them, in the same way it requires that sensitive personal data held by a company or other organization be deleted when their owner considers that they should no longer be available.

In the specific case the Commission nationale de l'Informatique et des libertés had imposed a fine of € 100,000 against Big G, which refused to remove some links from its global index, Google's line of defense was based on the fact that European laws cannot be applied outside the states members.

Since Google's localizations depend on the client's placement, the Right to be forgotten must still be respected regardless of the extension associated with the domain name. In essence, if for example you browse on "Google.com" from an EU country the data for which the removal was requested and approved should not be visible.

To date, the Right to be forgotten is an integral part of the GDPR (General Data Protection Regulation), the most recent European regulation on data storage and processing. The latter refers to one of the most stringent regulations regarding the protection of privacy and must be scrupulously observed even by foreign companies when operating within the EU, but has no value outside of it.

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