The right to be forgotten reached a new milestone after Europe extended it to false information. The Court of Justice of the European Union (CJEU) has ruled that search engines must remove results if they contain “manifestly inaccurate” information. This means that you can ask Google to remove posts that contain false information about you if you can verify this.
The decision is made after two investors asked Google to remove some false information from search results. The victims noted thatArticles criticized their investment model using inaccurate statements.. Similarly, they demanded that their photos be removed from image search results.
On demand, Google refuses to delete messages claiming that he did not know if the information was accurate. The victims applied to the German Court to resolve the case, which, in turn, requested support from the CJEU. The latter determined that search engines must remove content if any part of it is found to be inaccurate.
If someone posts false information about you and it appears in search results, you can ask for it to be removed.
In order to force Google to remove false information about you, you must follow a series of previous steps. The court finds that victims must prove the obvious unreliability of the information or part of it. For their part, companies will not be required to validate content to determine if requests are valid.
When the person submitting the request for dereference provides relevant and sufficient evidence that can substantiate his request and establish the clear falsehood of the information found in the referenced content, the search engine operator is obliged to comply with this request.
In the event that the inaccuracy of the information cannot be verified, Google may ignore the request. To prevent search companies from missing requests for the right to be forgotten, the Court has established some rules. If the search provider refuses, the applicant may refer the request to a judicial authority.. This is exactly what the two affected people who work as investors did.
The CJEU has determined that the use of photographs in the results constitutes an interference with people’s rights to privacy and their personal data. However, operators must determine whether images are necessary to exercise the right to freedom of information of Internet users.
In today’s ruling, the Court indicates that the right to the protection of personal data is not an absolute right, but must be considered in relation to their role in society and weighed against other fundamental rights in accordance with the principle of proportionality. In this sense, the general data protection provisions expressly provide that the right to erasure is excluded where the processing is necessary for the exercise of a right, in particular to information.
The Court determined that the rights to protect privacy and personal data take precedence over the legitimate interest that may exist in access to information. Although the decision is important, there are still some chiaroscuro, especially when it comes to parodies or false content created for entertainment, such as Onion, HDD or Deformation.
Google said they are making a decision and will study the text published by the CEC. “The links and thumbnails in question are no longer available through web and image searches; the content in question has been offline for a long time,” the spokesperson said. political.
Source: Hiper Textual
