The Right to be Forgotten on Google: Will it Come to the U.S.?

Since the top European court made a ruling in May requiring Google to field requests from members of the public to erase links associated with their names, the web search giant has removed about 230,000 URLs, according to its own data.

The European Union’s Court of Justice ruling said that Google would have to delete “inadequate, irrelevant or no longer relevant” links from its searches on its European domains, such as google.co.uk and google.fr. Removing such links doesn’t mean they’ll never appear in a Google search again; just that they’ll be omitted when they’re associated with the name of the person requesting the removal.

The rationale behind the so-called “right to be forgotten” decision is to allow members of the public to reclaim their online profiles if they’re damaged by negative content on the web. It’s up to Google whether the links should be removed. For example, Google cites an example of an Italian woman who asked that an article about her husband’s murder be dissociated with the search for her name. In another example, a German individual asked that an article about the person’s rape be removed. The links were removed in those cases, but an Italian man’s multiple requests to remove links to 20 articles about his arrest for financial crimes were denied.

This is an apparent win for private European citizens who want to be in control of their public profiles, but European Union officials last month began to push for Google to expand the program beyond just European domains. A statement from the Article 29 Data Protection Working Party said that “decisions must be implemented in such a way that they guarantee the effective and complete protection of data subjects’ rights and that EU law cannot be circumvented.” This means that Google would have to field requests for link removals on its .com domain for Europeans to be fully protected.

That has yet to happen, but if it does, it could also affect a lot of people outside Europe, based on how it is carried out. Americans could request that Google take down embarrassing, damaging, and irrelevant links. But establishing the right to be forgotten in the U.S. could be more difficult because some would argue it interferes with American freedom of speech. In a case unrelated to the European issue, a judge ruled last month in the Superior Court of California in San Francisco that Google is protected in terms of the order in which it presents its search results. The plaintiff, Louis Martin, was alleging that Google was biased in excluding his website, coastnews.com, from search results.

While the San Francisco story is in a way the backward version of the European story–a citizen is trying to get a link to be visible rather than be taken down–it could set the precedent that Google is free to present whatever results its algorithms decide are relevant, regardless of privacy.

Zaid Shoorbajee

Zaid Shoorbajee is a an undergraduate student at The George Washington University majoring in journalism and economics. He is from the Washington, D.C. area and likes reading and writing about international affairs, politics, business and technology (especially when they intersect). Contact Zaid at staff@LawStreetMedia.com.