Google Refuses to Remove Search Results Despite Privacy Ruling in Canada

Canada’s Privacy Commissioner says people have a limited right to ask search engines like Google to remove certain results linked to their names, especially if the information poses a serious risk of harm.

The finding comes after a complaint against Google from an individual whose criminal charge was dropped years ago. Despite the charge being withdrawn, news articles about it continued to appear in Google searches for their name. The person said this led to physical assault, lost job opportunities, and lasting stigma.

The Commissioner ruled that Google must remove those articles from name-based searches, though they would remain accessible on the original news websites or by searching other terms.

“Individuals have the right, under Canadian privacy law, to have information about them de-listed from online searches for their name in certain circumstances when there is a significant risk of harm that outweighs the public interest,” said Privacy Commissioner Philippe Dufresne on Wednesday.

Google has declined to follow the recommendation, and the Commissioner’s office says it is considering options to enforce compliance.

A spokesperson for Google told the Globe and Mail it is reviewing the report, however it believes “strongly of the view that consideration of a so-called ‘right to be forgotten’ must be appropriately balanced with the freedom of expression and access to information rights of Canadians, the news media, and other publishers, and therefore should be determined and defined by the courts.”

The case dates back to 2017 and included years of legal wrangling. In 2021, the Federal Court ruled that Google’s search engine falls under Canada’s federal privacy law, a decision upheld by the Court of Appeal in 2023.

The Commissioner’s report also outlined factors that may justify de-listing, such as when information is inaccurate or outdated, relates to a minor, involves a private individual rather than a public figure, or when enough time has passed that the information no longer serves the public interest.