The issue of right to oblivion on the Internet takes on a court in Spain. Justice of the country looks, from Wednesday, January 19, a conflict between Google and the Spanish Agency for Data Protection, which wants the search engine deindex over 90 web pages, whose content can affect the life private persons who filed a complaint in this regard to the Agency.The Spanish did indeed face a significant increase in requests from citizens who complained that some elements of their past life as a conviction may be several years, reappearing on the search engines and their prejudices. If the complaint makes clear, the agency notifies the search engine results that removes the offending page.
But Google, if not denying the problem, denies liability. "The Spanish and European laws say that the publisher is responsible for the content it publishes. Require that intermediaries such as search engines, censor the content posted by others will affect freedom of expression without protecting personal privacy, "he told El Pais Peter Barron, Director of External Relations of Google Europe.
For the U.S. group is the offending websites to remove content, not search engines. AVOIDING THE DOMINO EFFECT IN EUROPE For the Spanish Agency for Data Protection (AEPD), the role of search engines should not be minimized. "The problem is that there is no personal data about a particular site is that search engines including Google, which is a monopoly, distribute this data urbi et orbi," explains El MundoArtemi Rallo, Director of AEPD.
The Spanish equivalent of the CNIL also states that requests to delete items from the sites under investigation may face other charges, such as "freedom of expression to the news media," or "publication mandatory data in Official Gazettes regional ". Four of the five notifications AEPD examined by the Spanish courts are in effect on publication in official bulletins regional legal information, whereas the latter refers to an article from El Pais in 1991.
"In this case, we ask Google to remove the possibility of its results pages, according to the technical means available to it," says AEPD. What the U.S. firm says it's quite "prepared to remove the links and cache the results of Google," but if and only if "the original source also removes the data." By refusing to obey the protective notifications Spanish private data, Google wants to avoid a domino effect in other European countries, where the debate over the right to forget is underway.
In France, the U.S. group has already refused to sign a charter right to forget initiated by Nathalie Kosciusko-Morizet, then Secretary of State to digital.
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